Emergency Provisions (Constitution of India)

Why Important?

●​ Part XVIII (Articles 352-360) of the Constitution covers Emergency Provisions.

●​ Gives the Centre extraordinary powers to handle crises, but also balances federal
structure.
1.​ Introduction
○​ Emergency Provisions empower the Union to deal with extraordinary situations
threatening national security, stability, or financial order.
○​ Found in Articles 352-360, balancing national unity with federalism.
2.​ Types of Emergencies
○​ National Emergency (Article 352)
■​ Declared due to war, external aggression, or armed rebellion.
■​ President proclaims on Cabinet’s written advice.
■​ Effects:
■​ Centre gets overriding powers over state subjects (Article 356).
■​ Fundamental Rights under Article 19 suspended; Article 20 & 21
cannot be suspended.
■​ Parliament can legislate on State List.
■​ Duration: 6 months (extendable with Parliament approval every 6
months).
■​ Example: Declared in 1962 (Sino-Indian War), 1971 (Bangladesh War),
1975 (Internal Emergency).
○​ State Emergency (Article 356) – President’s Rule
■​ Imposed when state government cannot function per Constitution (e.g.,
breakdown of constitutional machinery).
■​ President assumes state functions; Governor acts on his behalf.
■​ Effects:
■​ State Assembly dissolved or suspended.
■​ Centre takes direct control.
■​ Duration: 2 months initially, extendable up to 3 years with Parliament
approval.
■​ Example: Frequently used (over 100 times), e.g., J&K, Punjab.
■​ Controversy: Misuse for political gains (S.R. Bommai case, 1994 – SC
limited misuse).
○​ Financial Emergency (Article 360)
■​ Declared if India’s financial stability/credit is threatened.
■​ President proclaims on Cabinet advice.
■​ Effects:
■​ Centre can reduce salaries of public servants, including judges.
■​ Money Bills of states need President’s approval.
■​ Duration: 2 months initially, extendable indefinitely with Parliament
approval.
■​ Example: Never imposed till date.
3.​ Safeguards Against Misuse
○​ Parliamentary Approval:
■​ National Emergency needs approval within 1 month by both Houses
(special majority).
■​ State Emergency needs approval within 2 months.
 ○​ Judicial Review:
■​ Post-44th Amendment (1978), emergencies are subject to judicial
scrutiny.
■​ S.R. Bommai case (1994): SC ruled misuse of Article 356 unconstitutional
if politically motivated.
○​ 44th Amendment (1978):
■​ Replaced “internal disturbance” with “armed rebellion” for National
Emergency.
■​ Made suspension of Article 19 explicit and limited.
■​ Ensured written Cabinet advice for President.
4.​ Controversies
○​ 1975 Emergency: Indira Gandhi’s government misused Article 352 citing
“internal disturbance”; led to civil liberties suspension, media censorship.
○​ Article 356 Misuse: Often used to dismiss opposition state governments (e.g.,
1980s Congress dismissing non-Congress states).
○​ SC interventions (Bommai case) and amendments reduced misuse.
5.​ Conclusion
○​ Emergency Provisions are a necessary evil to protect national integrity but
require checks to prevent authoritarianism.
○​ Judicial oversight and amendments ensure democratic balance.

Emergency Provisions in the Indian Constitution

Emergency provisions in the Indian Constitution enable the central government to assume
sweeping powers to manage crises that threaten the sovereignty, unity, integrity, or financial
stability of the country. These provisions are laid out in Part XVIII (Articles 352 to 360) of the
Constitution. They allow the federal structure of governance to temporarily transform into a
unitary form to ensure swift and coordinated action during exceptional circumstances.

Articles Related to Emergency Provisions

The emergency powers are contained in the following articles:

●​ Article 352 – National Emergency (due to war, external aggression, or armed rebellion)​

●​ Article 356 – State Emergency or President’s Rule (failure of constitutional machinery in

a state)​

●​ Article 360 – Financial Emergency (threat to the financial stability or credit of India or
any part thereof)​

Types of Emergency and Grounds for Declaration

The Constitution provides for three types of emergencies, each triggered by different types of
threats:
1. National Emergency (Article 352)
Grounds:

●​ War​

●​ External Aggression​

●​ Armed Rebellion (introduced by the 44th Amendment, replacing “internal disturbance”)​

A national emergency can be declared for the whole of India or a part thereof. The shift from
“internal disturbance” to “armed rebellion” was to ensure that minor disruptions do not warrant
such extreme measures.

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

Grounds:

●​ If the President, based on a Governor’s report or otherwise, is satisfied that the

government of a state cannot be carried on in accordance with the provisions of the
Constitution.​

3. Financial Emergency (Article 360)

Grounds:

●​ A situation where the financial stability or credit of India or any part thereof is threatened.​

Procedure and Proclamation

1. Procedure for National Emergency (Article 352)
●​ The President can proclaim emergency only on the written advice of the Union
Cabinet, not merely the Prime Minister.​

●​ The proclamation must be approved by both Houses of Parliament within one month. If
approved, the emergency continues for six months and can be extended indefinitely
with approval every six months.​

●​ If the Lok Sabha is dissolved during the proclamation, the Rajya Sabha must approve it
within one month, and the new Lok Sabha must approve it within 30 days of reassembly.​

2. Procedure for State Emergency (Article 356)

 ●​ The President issues a proclamation based on the report of the Governor or otherwise,
if satisfied of a breakdown in constitutional machinery in the state.​

●​ The proclamation must be approved by both Houses within two months.​

●​ It is valid for six months at a time and can be extended up to three years with periodic
approval.​

○​ For extensions beyond one year, two conditions must be satisfied:​

■​ National Emergency should be in operation.​

■​ The Election Commission must certify that elections cannot be held in the
state.​

3. Procedure for Financial Emergency (Article 360)

●​ The President may declare a financial emergency.​

●​ It must be approved by both Houses of Parliament within two months.​

●​ There is no time limit for its continuation; it remains in force until revoked.​

Effects of Emergency Provisions

Effects of National Emergency
●​ Centralization of Power: The Union Government can legislate on State List subjects
(Article 353).​

●​ Executive Directions: The Union can give binding directions to any state.​

●​ Suspension of Fundamental Rights:​

○​ Article 19 is suspended only in cases of war or external aggression.​

○​ Article 359 allows the President to suspend the right to move court for
enforcement of other Fundamental Rights (except Articles 20 and 21 after 44th
Amendment).​

●​ Extension of Parliament's tenure: Lok Sabha may be extended for one year at a time
beyond its five-year term (not more than six months after the emergency ends).​

Effects of State Emergency (Article 356)

 ●​ The President assumes all functions of the state government.​

●​ The state legislature is either suspended or dissolved.​

●​ The Parliament or the President (through ordinances) exercises legislative powers for
the state.​

Effects of Financial Emergency (Article 360)

●​ The Union can:​

○​ Direct states to observe financial propriety.​

○​ Reduce salaries and allowances of all public servants, including judges of the
Supreme Court and High Courts.​

○​ Reserve all money bills of states for the President’s consideration.​

Past Usage and Criticism

National Emergency
●​ 1962: Indo-China War (War)​

●​ 1971: Indo-Pak War (External Aggression)​

●​ 1975–1977: Declared on grounds of "internal disturbance" by Prime Minister Indira

Gandhi. Widely condemned as an abuse of power. This period saw:​

○​ Suspension of civil liberties​

○​ Imprisonment of political opponents​

○​ Censorship of the press​

○​ Use of executive authority to override judiciary​

State Emergency
Used over 125 times since 1950. Examples:

●​ 1977: President’s Rule imposed in nine opposition-ruled states after Indira Gandhi’s
defeat in the General Elections.​
 ●​ 1980s: Dismissal of several non-Congress state governments after Congress returned to
power.​

Criticism
●​ Political misuse: State emergencies often invoked for partisan purposes.​

●​ Undermining federalism: Central overreach weakens state autonomy.​

●​ Violation of civil liberties: Especially during the 1975 Emergency.​

Constitutional Amendments Related to Emergency

Provisions
38th Amendment Act, 1975
●​ Made the President's satisfaction final and non-justiciable.​

●​ Gave absolute power to suspend Article 19 during Emergency.​

42nd Amendment Act, 1976

●​ Strengthened the powers of the executive during Emergency.​

●​ Restricted judicial review of emergency proclamations.​

44th Amendment Act, 1978

This amendment was passed after the Emergency to restore democratic balance:

●​ Replaced “internal disturbance” with “armed rebellion” (Article 352).​

●​ Made it mandatory that the entire Union Cabinet approve emergency in writing.​

●​ Article 19 cannot be suspended in armed rebellion.​

●​ Article 359 restrictions do not apply to Articles 20 and 21.​

●​ Periodic Parliamentary approval (every six months) made compulsory.​

●​ Imposed time limits and conditions for the extension of President’s Rule.​
Safeguards Against Misuse
The Constitution and judiciary have established several safeguards to prevent arbitrary or
political misuse of emergency powers.

1. Written Cabinet Approval (Article 352)

Emergency cannot be proclaimed based on the Prime Minister’s advice alone. The entire
Cabinet must agree in writing.

2. Parliamentary Approval
All emergency proclamations must be approved by both Houses within a fixed time (1–2
months), failing which the proclamation lapses.

3. Time-Bound Extensions
No emergency can continue indefinitely without repeated approval every six months.

4. Judicial Review
The President’s satisfaction is subject to judicial review, especially after the S.R. Bommai
v. Union of India case (1994).

5. Fundamental Rights Protection

Post-44th Amendment:

●​ Rights under Articles 20 and 21 (protection in respect of conviction for offences and
right to life and liberty) cannot be suspended.​

●​ Article 19 is only suspended during war or external aggression, not during armed
rebellion.​

6. Federal Safeguards
●​ Article 356 must be used only as a last resort.​

●​ Floor test in the state legislature is the proper method to test majority.​

Landmark Judicial Interpretations

1. ADM Jabalpur v. Shivkant Shukla (1976)
●​ The Supreme Court ruled that during an emergency, even the right to life could be
suspended.​

●​ Widely criticized as the "darkest hour" of the judiciary.​

●​ Overruled implicitly by later decisions recognizing Article 21 as inviolable.​

2. S.R. Bommai v. Union of India (1994)

●​ Laid down restrictions on the use of Article 356.​

●​ Held that President's Rule is subject to judicial review.​

●​ Mandated floor test to determine legislative majority.​

●​ Reasserted the importance of federalism.​

3. Minerva Mills v. Union of India (1980)

●​ Asserted that the basic structure of the Constitution (including judicial review and
federalism) cannot be destroyed, even during Emergency.​

●​ Reinforced limits on Parliament’s amending power and executive overreach.​

Elections and Voting System in India

Why Important?
India’s elections uphold its democratic foundation. Governed by the Constitution (Articles
324–329), Representation of People Acts (1950, 1951), and overseen by the Election
Commission of India (ECI), these elections include National, State, and Presidential
levels—each with distinct rules but united by a common goal: free and fair representation.

1. Types of Elections in India

A. National Elections (Lok Sabha)

●​ Purpose: Elects 543 Lok Sabha members.​

●​ Key Articles:​
 ○​ Art. 81: Composition​

○​ Art. 324: Role of ECI​

○​ Art. 326: Universal adult suffrage​

●​ Eligibility to Vote:​

○​ Indian citizen, 18+, registered voter​

●​ Eligibility to Contest:​

○​ Indian citizen, 25+, no disqualifications under RP Act​

●​ Voting System: First-Past-The-Post (FPTP)​

●​ Rules:​

○​ ₹25,000 security deposit (₹12,500 for SC/ST)​

○​ ₹95 lakh expenditure cap (2024)​

○​ MCC enforced​

●​ Example: 2019 – 67.4% turnout, BJP won 303/543 seats​

B. State Elections (Legislative Assemblies)

●​ Purpose: Elect MLAs to Vidhan Sabha​

●​ Key Articles:​

○​ Art. 168: State legislature structure​

○​ Same as Lok Sabha for voting and ECI role​

●​ Voting System: FPTP​

●​ Rules:​

○​ ₹10,000 deposit (₹5,000 SC/ST)​

○​ ₹40 lakh expenditure cap​

●​ Example: 2024 UP Assembly – 61% turnout, 403 seats​

C. Presidential Elections
 ●​ Purpose: Elects President, India's head of state​

●​ Key Articles:​

○​ Art. 52, 54, 55, 58: Structure and process​

○​ Art. 324: ECI's supervisory role​

●​ Electoral College:​

○​ Elected MPs (776) + MLAs (~4,033)​

●​ Vote Value:​

○​ MLA: Based on state population​

○​ MP: Total MLA votes ÷ Total MPs​

●​ System: Proportional Representation with Single Transferable Vote (STV)​

●​ Example: 2022 – Droupadi Murmu elected with 64% votes​

2. Voting System in India

Constitutional Basis

●​ Art. 324: ECI powers​

●​ Art. 325: No discrimination in rolls​

●​ Art. 326: Universal suffrage​

●​ Art. 327–329: Parliament/State powers; bar on court interference during elections​

Voter Eligibility

●​ Citizen of India, 18+ on Jan 1 of revision year​

●​ Not disqualified (e.g., mental unsoundness, electoral offences)​

Registration Process

●​ Form 6 via NVSP portal or offline​

●​ Annual revisions + EPIC card issuance​

Types of Voting

●​ In-person (EVMs with VVPAT)​

●​ Postal Ballot: Service voters, 80+ citizens, PwDs​

●​ Proxy Voting: Armed forces​

●​ ETPBS: For remote service voters (2016 onward)​

Technological Innovations

●​ EVMs:​

○​ Used since 2004; tamper-proof​

○​ Stores up to 2000 votes​

●​ VVPAT:​

○​ Introduced 2013; shows printed vote slip for 7 seconds​

●​ Stats:​

○​ 2019: ~900M voters, 67.4% turnout (highest ever)​

3. Comparison Table
Feature Lok Sabha State Presidential
Assembly

Voters Citizens (18+) Citizens (18+) Elected MPs + MLAs

Voting System FPTP FPTP PR with STV

Term 5 years 5 years 5 years

Expenditure Limit ₹95 lakh ₹40 lakh ₹15,000 (deposit only)

Campaigning Public Public No public campaigning

Conducted by ECI ECI ECI

4. Challenges in the Indian Electoral System

●​ Voter Apathy: Urban turnout low (e.g., Delhi 55%, 2019)​

●​ Money Power: ₹60,000+ crore spent in 2019 LS polls​

●​ Criminalization: 43% MPs in 2019 had criminal cases (ADR)​

●​ Politicization of President’s Role: Cross-voting, party loyalty pressure​