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[Civil Emergency Act of 1975 — Wikipedia]
The Civil Emergency Act of 1975 (No. 15 of 1975), popularly known as Emergency was a controversial act passed on the recommendation of the S. S..It was introduced in parliament on 4th March 1975 and became an Act of the Parliament on 18th of that month. The Governor General signed the Emergency clause. In accordance with the Act, the then President F. R. Used to apply to the President of India for the declaration of emergency. This Act comes into force on the date specified in the order declaring emergency. On that date, the President was required to order the Governor of the concerned State to enforce the said Act.
We cannot accept the present phrase «emergency» as the official name of the Act. The correct name should be «Civil Emergency». We cannot accept the present phrase «emergency» as the official name of the Act. The correct name should be «Civil Emergency» The Act of 1975 provides for setting up an extraordinary tribunal of appointment to deal with certain issues arising in connection with an emergency.
This tribunal was never set up and the judges appointed under the Act were not appointed. The Act of 1975 also empowers the Governor General to make rules and regulations for taking of measures in connection with the emergency and to make appointments to the tribunals in the case of emergency.
In the case of emergency, the President was required to proclaim the Emergency in the Gazette of India and the proclamation was not enclosed in the Act. There is no provision in the Act regarding the period during which the proclamation is valid. This Act was repealed by the Civil Services (Emergency Provisions) (No.2) Act, 1975 [and the Central Government Act, 1975].
The word «emergency» and the preposition «under» are dropped. Thus the Act reads:»(1) The Governor General in any state may, by Order of the President, declare that there is an emergency.
(2) When the Governor General declares that there is an emergency in a state, the President of India shall:
(a) appoint a tribunal to inquire into matters arising in connection with the emergency;
(b) decide as to whether the emergency continues to exist or not;
(c) if the emergency continues to exist, issue such directions and if he thinks it fit issue such instructions as may be necessary to deal with the emergency.
(3) The Governor General shall not issue his order
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