Context
The Legislative Assembly of the Union Territory of Puducherry is placed under suspended animation because the government failed to prove its majority on the floor of the house.
Reason
Government of Union Territories Act, 1963 Section 51. Provision in case of failure of constitutional machinery.?If the President, on receipt of a report from the Administrator of the Union territory or otherwise, is satisfied,?
The President can suspend the operation of all or any of the provisions of Government of Union Territories Act, 1963 for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory in accordance with the provisions of article 239 of the constitution |
Effect of the order
Difference between imposing President’s rule in State and UT.
President’s rule in State is imposed based on powers derived from Article 356 of the constitution but in case of UT it is Section 51 of Government of Union Territories Act, 1963
Other emergency provisions in Constitution
Comparison of 3 types of Emergencies
|
National Emergency |
President’s Rule |
Financial Emergency |
Constitutional Provision |
Article 352 |
Article 356 and 365 |
Article 360 |
Grounds of Declaration |
External aggression and armed rebellion |
Failure of constitutional machinery |
Threat to financial stability or Credit of India |
Parliamentary approval within |
1 month |
2 months |
2 months |
Majority |
Special (50%+2/3) |
Simple |
Simple |
Duration of enforcement after parliamentary approval |
6 months |
6 months |
indefinite |
Maximum period of extension |
Indefinite period by taking approval every 6 months |
3 years after taking approval every 6 months |
Does not require repeated approval |
Revocation |
By President or Lok Sabha passing resolution by simple majority |
By President |
By President |
Verifying, please be patient.