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Emergency

Legal definition for Indian law research

Definition

Emergency, means a situation which is not normal, a situation which calls for urgent remedial action. Break-down of the Constitutional machinery in a State does gives rise to a situation of emergency, S.R. Bommai v. Union of India, AIR 1994 SC 1918 (2052): 1994(5) SCC 1.

Emergency means situation which is not normal, situation which calls for urgent remedial action, Rameshwar Prasad v. Union of India, (2006) 2 SCC 1.

Has to be laid before each House of Parliament, Constitution of India, Art. 352(4).

'Proclamation of emergency arising out of war, external aggression or armed rebellion may be varied or revoked by subsequent proclamation, Constitution of India, Art. 352(2).
In India, the President can issue proclamations to meet three types of emergencies viz., (i) emergency arising out of war, external aggression or armed rebellion, (ii) failure of Constitutional machinery in a State, and (iii) threat to financial stability or credit of India or any part of it.
Is a situation in which the head of the State assumes extraordinary powers for defending the State against external threats and for maintaining internal order, Dictionary of Constitutional and Parliamentary Terms, Published by Lok Sabha Secretariat, Parliament of India, Delhi, p. 146.
Is a sudden or unforeseen situation that requires immediate attention, Webster American Dictionary, p. 377.'

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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