Emergency
Introduction
Articles 352 to 360 in part XVIII of the constitution of India deals with the
emergency provisions. The constitution mentions three types of
emergencies –
• National emergency – Article 352
• President’s rule in a state (Constitutional emergency) – Article 356
• Financial emergency – Article 360
National Emergency
Grounds of Declaration
• External aggression or war or armed rebellion or imminent
danger thereof.
• The constitution mentioned “internal disturbance” as the
grounds of emergency but this expression was substituted
by “armed rebellion” by 44th amendment act
Proclamation of emergency – It can be done by the president only on
the written recommendation of the cabinet (Not only Prime Minister).
This provision was added by 44th amendment act.
Judicial Review – In the “Minerva Mills” case, the SC opined that the
proclamation of National Emergency can be challenged in a court on
the grounds of malafide declaration of emergency.
Parliamentary approval
• Must be approved by both the houses within one month from the
date of its issue.
• After approval, emergency continues for a period of 6 months.
• It can be extended for an indefinite period with an approval of
parliament after every 6 months.
• For approval, special majority (added by 44th amendment) is
required.
Revocation
• The national emergency can be revoked anytime by the president.
• This does not require parliamentary approval.
• When 1/0th of the total number of members of Lok Sabha file a written
notice before speaker, a special sitting of the house should be held
within 14 days for the purpose of revoking the emergency.
Effects of National Emergency
Centre-State Relations
• Centre can give executive directions to any state.
• Parliament becomes empowered to make any laws in any list.
• The constitutional distribution of revenues between centre and state
can be modified.
• Life of Lok Sabha can be extended beyond its normal term for one
year at a time. This extension cannot continue beyond a period of 6
months, after the emergency has discontinued.
Fundamental Rights
• Article 358 – When a national emergency is proclaimed, the 6
fundamental rights under article 19 stands suspended without any
special order.
o Article 19 can be suspended only on the grounds of external
emergency and not armed rebellion.
o The laws which are related with the emergency are protected
from being challenged.
• Article 359 – This article authorises the president to suspend the
right to move any court for the enforcement of FRs.
• The enforcement of only those FRs is suspended which are
mentioned in the presidential order.
o The president cannot suspend the right to move the court for
enforcement of article 20 and article 21. (44th amendment act)
o The laws which are related with the emergency are protected
from being challenged.
President’s Rule
Grounds of imposition
• Article 356 – The president can proclaim his rule in a state where he
is satisfied that the government of state is not functioning in
accordance with the constitution.
• Article 365 – The president can proclaim his rule in a state where he
is satisfied that the government of state fails to comply with any
direction given by centre.
➢ Parliamentary approval
• Must be approved by both the houses with simple majority within
two months from the date of its issue.
• After approval, the president’s rule continues for six months.
• It can be extended for maximum period of three years with every
six months approval of parliament.
• It can be revoked any time by the president and it does not
require parliamentary approval.
➢ Judicial review – The proclamation of President’s rule is
subjected to judicial review. (SR Bommai case)
➢ Effects of President’s rule
• When the president’s rule is imposed in a state, the state council of
minister is dismissed.
• The state governor, on behalf of the president carries on the state
administration.
• When the assembly is dissolved –
▪ The parliament can delegate powers to make laws for the state
to the president.
▪ The president can authorise the expenditure from state
consolidated fund, if parliament is not in the session.
▪ The president can issue ordinances for governance of state, if
the parliament is not in the session.
Financial Emergency
• Article 360 – The President can impose financial emergency if he is
satisfied a situation has risen due to which financial stability of the
country is threatened.
• The satisfaction of president is not beyond the scope of judicial review.
Parliamentary Approval
• Must be approved by both the houses by simple majority within two
months from the date of its issue.
• After approval, the financial emergency continues for an indefinite
period. (No maximum period mentioned) without any repeated
approval of the parliament.
• It can be revoked by the President anytime without parliamentary
approval.
Effects of Financial Emergency
• The executive authority of the Union over the financial matters of the
States is extended.
• Salaries and allowances of all or any class of persons serving in the
State are reduced.
• Reservation of all money bills or other financial bills for the
consideration of the President after they are passed by the legislature
of the State.
• Direction from the President for the reduction of salaries and
allowances of all or any class of persons serving the Union, judges of
the Supreme Court and the High Courts.
Story of 1975 Emergency
THANKS
FOR
WATCHING!!
