Difference Between National Emergency and President's Rule

National Emergency
1. It can be proclaimed only when the security of India or a part of it is threatened by war, external aggression or armed rebellion.

 2. During its operation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution. Its effect is that the Centre gets concurrent powers of administration and legislation in the state.

3. Under this, the Parliament can make laws on the subjects enumerated in the State List only by itself, that is, it cannot delegate the same to any other body or authority.

4. There is no maximum period prescribed for its operation. It can be continued indefinitely with the approval of Parliament for every six months.

5. Under this, the relationship of the Centre with all the states undergoes a modification.

6.Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority.

7. It affects fundamental rights of the citizens.

8. Lok Sabha can pass a resolution for its revocation.

President’s Rule
1. It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion.

2. During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre.

3. Under this, the Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him. So far, the practice has been for the president to make laws for the state in consultation with the members of Parliament from that state. Such laws are known as President’s Acts.

4. There is a maximum period prescribed for its operation, that is, three years. Thereafter, it must come to an end and the normal constitutional machinery must be restored in the state.

5. Under this, the relationship of only the state under emergency with the Centre undergoes a modification.

6. Every resolution of Parliament approving its proclamation or its continuance can be passed only by a simple majority.

7. It has no effect on Fundamental Rights of the citizens.

8.There is no such provision. It can be revoked by the President only on his own.

​      A law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule. This means that the period for which such a law remains in force is not co-terminous with the duration of the proclamation. But it can be repealed or altered or re-enacted by the state legislature.
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    It should be noted here that the President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it. In other words, the constitutional position, status, powers and functions of the concerned state high court remain same even during the President’s Rule.