EMERGENCY PROVISIONS (ARTICLES 352–360)

Emergency provisions are given in Part XVIII of the Constitution (Articles 352–360). They empower the Central Government to act swiftly during abnormal situations that threaten India’s security, stability, or constitutional order. These provisions temporarily transform India’s federal system into a more unitary one to ensure effective handling of crises.

Meaning of Emergency
An emergency is an extraordinary situation that arises suddenly and requires immediate action by public authorities under special constitutional powers.

Why Emergency Provisions Were Added?
- To handle war, external aggression, or armed rebellion.
- To address situations where a State government cannot function as per the Constitution.
- To respond to threats to India’s financial stability or credit.
- To safeguard sovereignty, unity, integrity, and security of the nation.
- To allow the political system to shift from federal to unitary when the situation demands.

General Effects of Emergency
- Central Government becomes extremely powerful.
- States come under complete control of the Centre.
- Federal structure temporarily turns unitary.
- This flexible shift is a unique feature of the Indian Constitution.

NATIONAL EMERGENCY (ARTICLE 352)

Grounds
Declared when security of India or any part of it is threatened by:
- War
- External aggression
- Armed rebellion (term added by 44th Amendment; earlier called “internal disturbance”)

Types:
- External Emergency (war or external aggression)
- Internal Emergency (armed rebellion)

Important Points:
- Can be declared even before the actual occurrence of war/aggression.
- 1975 Emergency was declared based on “internal disturbance”.

Parliamentary Approval & Duration
- Must be approved by both Houses within 1 month.
- If Lok Sabha is dissolved, Rajya Sabha’s approval is enough temporarily.
- Continues for 6 months after approval and can be renewed indefinitely every 6 months.
- Each approval requires a special majority (more than 50% of total membership + 2/3 of present and voting).

Revocation
- President may revoke any time through a fresh proclamation.
- Lok Sabha can demand revocation by passing a simple majority resolution.

EFFECTS OF NATIONAL EMERGENCY

1. Centre–State Relations Change
a) Executive:
- Centre can issue directions to States on any matter.

b) Legislative:
- Parliament can make laws on State List subjects.
- President can issue ordinances on State subjects.
- These special laws lapse 6 months after Emergency ends.

c) Financial:
- President can modify the distribution of financial resources between Centre and States.

2. Effect on Legislatures
- Lok Sabha’s term can be extended by 1 year at a time.
- State Assemblies’ tenure can also be extended similarly.
- Extensions cannot go beyond 6 months after Emergency ends.

3. Effect on Fundamental Rights
Under Article 358:
- Article 19 is automatically suspended only during Emergency due to war or external aggression.

Under Article 359:
- President may suspend the right to move court for enforcement of FRs.
- After 44th Amendment: FRs under Articles 20 and 21 cannot be suspended.

National Emergencies Declared So Far
1. 1962 – Chinese aggression (till 1968)
2. 1971 – Indo-Pak war
3. 1975 – Internal emergency (revoked in 1977)

PRESIDENT’S RULE (ARTICLE 356)
Also called “State Emergency” or “failure of constitutional machinery in a State”.

Grounds of Imposition
- President is satisfied that the State government cannot function according to the Constitution.
- Article 365: Failure of a State to comply with Centre’s directions can lead to Article 356.

Parliamentary Approval & Duration
- Must be approved within 2 months.
- Approval by simple majority.
- If Lok Sabha dissolved, Rajya Sabha’s approval keeps it alive until 30 days after new Lok Sabha sits.
- Valid for 6 months; can be extended up to a maximum of 3 years.

Consequences of President’s Rule
- President takes over State executive authority.
- State legislature’s powers are exercised by Parliament.
- Council of Ministers in the State is dismissed.
- Constitutional provisions relating to State bodies may be suspended.

Judicial Review
- 38th Amendment (1975) made President’s satisfaction final.
- 44th Amendment (1978) restored judicial review.

If State Government is Suspended/Dissolved
- Parliament can delegate lawmaking power to President or another authority.
- President/Parliament can assign duties to Central officers.
- President may authorize expenditure from State Consolidated Fund.
- President can issue ordinances if Parliament is not in session.

Revocation
- Can be revoked anytime by President without needing parliamentary approval.

Notes:
- Laws made during President’s Rule remain valid even after it ends.
- High Court powers remain unaffected.
- Fundamental Rights are not affected.

FINANCIAL EMERGENCY (ARTICLE 360)

Grounds
- Declared when financial stability or credit of India or any part of it is threatened.

Parliamentary Approval & Duration
- Must be approved within 2 months by both Houses.
- If Lok Sabha dissolved, Rajya Sabha’s approval holds it temporarily.
- Once approved, continues indefinitely until revoked.
- Can be revoked anytime by President.

Effects of Financial Emergency
- Centre gains control over State financial matters.
- Reduction of salaries of:
  • Central and State government employees
  • Judges of Supreme Court and High Courts
- All State Money Bills must be reserved for President’s consideration.
- Centre may issue financial directions to States

CRITICISM OF EMERGENCY PROVISIONS

- Federal structure may turn into a unitary system.
- Union becomes too powerful.
- President may act like a dictator.
- States lose administrative and financial autonomy.
- Fundamental Rights may become ineffective.
- Democratic foundations can weaken severely.
 

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Subject: Polity

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