Differences between Presidential rule, Emergency rule & Martial law?

By | June 21, 2018

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What are the differences between presidential rule, emergency rule & martial law?
▪ In India, Presidential rule implies the day-to-day running of the state is in the hands of President through the Governor of the state. This refers to Article 356 which is applied in case of failure of state machinery. This is also called state emergency.

▪ In case of emergency, the state & central legislature are dissolved. There are 3 types of emergencies:

Financial: It is clamped based on financial situation of the nation, i.e when Financial condition is worst. There by cutting salaries of government servants & employing other economic, financial & business constraints. It is done as per Article 360 of the constitution.

National: This is applied in case of an external aggression. It was clamped during the 1962, 1971. Although the 1975 emergency can be called as misuse of Power & Responsibility. Article 352 comes into effect in such cases, Join Telegram Channel DailyGkZone

State: (This has already been explained). The article which comes into effect in such a case is Article 356 of constitution.

▪ Martial law implies that the highest ranking military officer will be the Governor of the state or the head of the government. Constitution does not define it. It has been borrowed from English common law and simply refers to military rule. So, any administration which is carried out by armed forces is martial law. Martial law CAN be declared in any area under the territories of India. It is generally imposed under situations like insurgency, war, invasion, rebellion, riots or any other violent activities.

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