Emergency Provisions in the Indian Constitution (Part XVIII)

Types of Emergencies

a. National Emergency (Article 352)

• When it can be declared:
  • Threat of war.
  • External aggression.
  • Armed rebellion.
• Procedure:
  • The President can declare a National Emergency if satisfied that such a threat exists or is imminent.
  • The decision must be based on a written recommendation from the Union Cabinet.
  • Can be declared for the whole country or a part of it.
• Approval and Duration:
  • Must be approved by both Houses of Parliament within one month.
  • Can last up to six months and can be extended indefinitely with parliamentary approval every six months.

Read More: Power and Privileges of Member of Parliament

b. State Emergency or President’s Rule (Article 356)

• When it can be declared:
  • Failure of the constitutional machinery in a state (i.e., the state government cannot function according to the constitutional provisions).
• Procedure:
  • The President can take over the state’s administration based on a report from the state Governor or if he is convinced of such failure.
  • Can assume all or any of the state government functions, except those of the High Courts.
  • State legislative powers can be exercised by Parliament.
• Approval and Duration:
  • Must be approved by both Houses of Parliament within two months.
  • Can last for six months and can be extended for up to three years, with conditions.
  • Beyond one year, extensions require a National Emergency to be in place or certification from the Election Commission that elections cannot be held in the state.

c. Financial Emergency (Article 360)

• When it can be declared:
  • Threat to the financial stability or credit of India or any part of its territory.
• Procedure:
  • The President can declare a Financial Emergency if convinced of such a threat.
• Effects and Measures:
  • Central government can give directions to states on financial matters.
  • The President can direct the reduction of salaries and allowances of all or any class of persons serving the state, including judges.
• Approval and Duration:
  • Must be approved by both Houses of Parliament within two months.
  • Once approved, remains in force until revoked.

Effects of Emergency Provisions

a. National Emergency (Article 353)

• Expansion of Union Powers:
  • The executive power of the Union extends to giving directions to states.
  • Parliament gains the authority to legislate on subjects within the State List.
• Suspension of Fundamental Rights:
  • Rights under Article 19 are automatically suspended.
  • The President can suspend the right to move any court for enforcement of rights under Part III, except Articles 20 and 21.

b. State Emergency (Article 356)

• Central Control over State:
  • The President assumes all or any of the state functions.
  • State legislature’s powers are vested in Parliament.
  • The President can make provisions to govern the state as necessary.

c. Financial Emergency (Article 360)

• Financial Directions:
  • Central control over state expenditure.
  • Reduction in the salaries of government employees and judges.
  • All Money Bills passed by the state legislature must be reserved for the President’s consideration.

Safeguards and Judicial Review

• Approval by Parliament:
  • All emergency proclamations require parliamentary approval, ensuring democratic oversight.
• Review and Revocation:
  • The President must revoke the emergency if the Lok Sabha disapproves it.
  • Proclamations can be revoked by a subsequent declaration.
• Judicial Review:
  • The Supreme Court and High Courts can review the validity of emergency proclamations.

Historical Usage

• National Emergency:
  • Declared three times: 1962 (Indo-China War), 1971 (Indo-Pakistan War), and 1975 (internal disturbance).
• State Emergency:
  • Commonly used tool, invoked several times to address state-level constitutional crises.
• Financial Emergency:
  • Never declared in India’s history.

Conclusion

The emergency provisions are critical tools embedded in the Constitution to safeguard the nation during severe crises. However, their use requires careful consideration and checks to prevent abuse. These provisions ensure that the Indian state can maintain order and governance, even under the most challenging circumstances.

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