Emergency Provisions in Indian Constitution

The part 18 of the Indian Constituion deals with the emergency provisions from
Article 352 to 360. One of the sources that influenced the emergency provisions in
India was the Weimar Constitution of Germany(1919-1933).
The Indian Constitution gives President the authority to declare three types of
emergencies:

1.National Emergency.

2. State Emergency and

3.Financial Emergency.

Constitution of India envisages emergency of following three types:

 Article 352- National Emergency

 Article 356-Emergency in state ( president’s rule)
 Article 360- Financial Emergency
1. National Emergency
 Under article 352, if the president is satisfied that there exists a grave situation,
wherein the security of the country is threatened on the grounds of wars, external
aggression or armed rebellion, he can proclaim emergency to that effect.
 Emergency can be declared over the complete territory of India or any part thereof.
 President can declare emergency only on the written advice of the cabinet
 A special majority is required to approve an emergency resolution.
 Once approved, emergency shall operate for a maximum period of not more than
six months.
 Lok Sabha has the power to disapprove the operation of national emergency at any
time, if not less than 1/10th members of Lok Sabha in writing to the speaker, if
house is in session, or to the president, then speaker or president as the case may
be, shall convene a special session of Lok Sabha within 14 days and if such a
resolution is passed, president shall revoke national emergency.
 Amendments:
 38th Constitutional Amendment Act 1975: It empowered president to proclaim
national emergency on different grounds even though an emergency is already
under operation
 42nd Constitutional Amendment Act 1976:
(i)It empowered president to modify or vary national emergency. Under the
original constitution, only the imposition or revocations were possible.

(ii) Under the original constitution, president could have imposed national
emergency only over complete territory of India. This amendment enabled him
over a part of the country.

 44th Constitutional Amendment 1978: It was enacted to prevent the misuse of

emergency power by the executive.

Effects of National Emergency:

 On Executive- State governments are not dismissed, they continue to operate, but
are brought under the effective control of the centre, which assumes the power to
give instructions to state government, which shall abide by such directions.
 On Legislature- State legislatures continue to operate and legislate, but parliament
assumes concurrent legislative power on state subjects and a law such enacted by
parliament, shall cease to operate at the expiry of six months after the revocation of
national emergency, to the extent of incompetency.
 On Financial relations- President can suspend the distribution of financial
resources between centre and states and centre can make use of any national
resource to fight the cost on the basis of which, emergency is declared.
 On Fundamental Rights- Article 358 deals with the suspension of the
Fundamental Rights guaranteed by Article 19, while Article 359 deals with the
suspension of other Fundamental Rights (except those guaranteed by Articles 20
and 21).
 As per Article 358, when a proclamation of national emergency is made, the
six fundamental rights under article 19 are suspended only when National
Emergency is declared on the ground of ware or external aggression and not
on the grounds of armed rebellion
  Article 359 authorises the president to suspend the right to move any court
for the enforcement of fundamental rights during a National Emergency
except for article 20 and article 21.

How many times National Emergency Declared in India?

1. The first National Emergency was declared in October 1962 on the ground of
Chinese aggression on th North East Frontier Agency.
2. The second National Emergency was proclaimed due to the Pakistan attack in
1971.
 Both 1 & 2 are external emergencies.
3. Third National Emergency was announced in June 1975 while the second
national emergency was in continuation. Third National Emergency was an
Internal Emergency on the ground of Internal Disturbances.

2. President’s Rule (State Emergency)

As per Article 355, it shall be the duty of the Union to protect every State against
external aggression and internal disturbance and to ensure that the Government of
every State is carried on in accordance with the provisions of this Constitution.

Under article 356, if president is satisfied on the report of governor or otherwise

that there exist a great emergency where the administration of the state cannot be
continued in accordance with the provisions of constitution, by invoking article
355, any person can dismiss state government and take over the state
administration on to himself and declare that parliament will enact law on behalf of
state legislature.

State Emergency can be declared on two grounds:

1.Constitutional Machinery breakdown.

2.Non-compliance with centre’s directions.

The State Emergency proclamation should be approved by the both houses of the
parliament with simple majority within 2 months.If approved the emergency
continues for 6 months and can be extended for a maximum period of 3 years by
 the parliament approval for every 6 months. The State emergency can be revoked
by the president on his own without any parlliament approval.

Effects of President Rule (State Emergency)

 On Executive- State government is dismissed and the executive power of the state
is exercised by the centre.
 On Legislature- State legislature does not function to legislate; state legislative
assembly is either suspended or dissolved.
 On Financial relation- There is no impact on the distribution of financial
resources between centre and the state.

Amendments:
1. 42nd Constitution Amendment Act, 1976 extended the period of state
emergency from 6 months to 1 year.

2. 44th Constitution Amendment Act, 1978 reverted back the operation of state
emergency to 6 months. Further it divided the maximum period of 3 years of
operation into 1 year under ordinary circumstances and 2 years under extra
ordinary circumstances, for which the stipulated conditions shall have to be
satisfied.

 President’s Rule was first imposed in Punjab in 1951.

3. Financial Emergency.
Under article 360- If the President is satisfied that a situation has arisen whereby
the financial stability or credit of India or of any part of the territory thereof is
threatened, he may by a Proclamation make a declaration to that effect.

 This emergency is never imposed in India.

4.Difference between the national Emergency and
president’s rule is given below:

S.N. National Emergency  (352) President’s Rule (356)

1. It can be proclaimed only when It can be proclaimed when the
the security of India or a part of it government of a state cannot be carried
is threatened by war, external on in accordance with the provisions of
aggression or armed rebellion. the Constitution due to reasons which
may not have any connection with war,
external aggression or armed rebellion.
2. During its operation, the state During its operation, the state executive
executive and legislature continue is dismissed and the state legislature is
to function and exercise the either suspended or dissolved. The
powers assigned to them under president administers the state through
the Constitution. Its effect is that the governor and the Parliament makes
the Centre gets concurrent powers laws for the state. In brief, the
of administration and legislation in executive and legislative powers of the
the state. state are assumed by the Centre.
3. The Parliament can make laws on The Parliament can delegate the power
the subjects enumerated in the to make laws for the state to the
State List only by itself, i.e. it President or to any other authority
can’t delegate the same to any specified by him. So far, the practice
other body or authority. has been for the president to make laws
for the state in consultation with the
members of Parliament from that state.
4. There is no maximum period There is a maximum period prescribed
prescribed for its operation. It can for its operation, that is, three years.
be continued indefinitely with the Thereafter, it must come to an end and
approval of Parliament for every the normal constitutional machinery
six months. must be restored in the state.
5. Under this, the relationship of the Under this, the relationship of only the
 Centre with all the states state under emergency with the Centre
undergoes a modification. undergoes a modification.
6. It affects fundamental rights It has no effect on Fundamental Rights
(FR) of the citizens. (FR) of the citizens.
7. Every resolution of Parliament Every resolution of Parliament
approving its proclamation or its approving its proclamation or its
continuance must be passed by a continuance can be passed only by a
special majority. simple majority.
8. Lok Sabha can pass a resolution There is no such provision. It can be
for its revocation. revoked by the President only on his
own discretion.