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Emergency Provisions Article 352- Article 360 Part XVIII Enable central…
Emergency Provisions Article 352- Article 360 Part XVIII Enable central government to deal with abnormal/ unexpected/ impulsive pulsations in national security- more effectively
During the proclamation of an emergency, the federal system becomes unitary and states become constitutionally subservient to center. This is a unique feature of Indian polity.
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Article 355 Duty of the Union to protect States against external aggression and internal disturbance and make sure that government of every State is run according to the provisions of the constitution.
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SCOPE OF JUDICIAL REVIEW
i) 38th CAA, 1975 made satisfaction of President final for imposing president's rule under Article 356.
ii) 44th CAA, 1976 made satisfaction of President under the purview of Judicial review under Article 13.
iii) SR Bommai vs Union of India Case, 1994 confirmed that satisfaction of President to impose President's Rule falls under the purview of Judicial Review.