[2024-
2025]
[Sri Sathya Sai
Institue Of Higher
Learning]
[Name:K.Leeladithya,
Reg.No:-
24040114010,
IBS ADS {Actuarial
Data Science}]
[UPOL-101,THE INDIAN CONSTITUTION,PROJECT]
[Emergency Provisions under the Indian Constitution•Examine Articles 352,
356, and 360 which deal with the National Emergency, President's Rule, and
Financial Emergency, respectively. Discuss the implications and challenges of
declaring an emergency in India.]
Emergency
Provisions under the
Indian Constitution
The Emergency Provisions in India, as provided by the Indian Constitution, is a vital
component of the country’s political framework, empowering the Central Government to
address critical situations effectively. The three types of Emergency Provisions enable tackling
the threats to
national security, financial stability, and constitutional order respectively, in some or all parts of
the country.
Meaning of Emergency Provisions:-
In the context of political systems, “Emergency Provisions” refers to specific legal measures and
clauses outlined within a country’s constitution or statutes that allow the government to
respond effectively and decisively during extraordinary situations such as war, rebellion, or
other crises that threaten the nation’s stability, security or sovereignty.
These provisions typically grant the Executive branch temporary powers to bypass regular
legislative procedures, restrict certain rights and freedoms, and enact policies that would
normally be outside the scope of its authority under ordinary circumstances.
Thus, such provisions often entail temporary deviations from normal constitutional procedures
and civil liberties in order to address the emergency situation.
Emergency Provisions in India:-
Like in any other country, Emergency Provisions in India refer to the special measures outlined
in the Indian Constitution that grant the Union Government extraordinary powers to address
critical or abnormal situations effectively.
The Emergency Provisions are incorporated to protect the Constitution, and the democratic
political system, and to safeguard the sovereignty, unity, integrity, and security of the country.
During an Emergency, the Central government becomes all-powerful and the States go into
total control of the Centre.
It converts the federal structure into a unitary one without a formal amendment of the
Constitution.
This kind of transformation of the political system from federal during normal times to unitary
during Emergency is a unique feature of the Indian Constitution.
The Emergency Provisions in Indian Constitution have been taken from
the Weimar Constitution of Germany.
Constitutional Provisions Related to Emergency
Provisions in India:-
Part XVIII of the Constitution of India allows for a constitutional setup that can be proclaimed
fby the president of India as a state of emergency, when the consultant group perceives and
warns against grave threats to the nation from internal and external sources or from financial
situations of crisis. Under Article 352 of the Indian constitution, upon the advice of the cabinet
of ministers, the President can overrule many provisions of the constitution, which can
suspend fundamental rights to the citizens of India and acts governing devolution of powers to
the states which form the federation. In the history of independent India, such a state of
emergency has been declared thrice. The inclusion of these emergency powers by the framers of
the Indian Constitution reflects a recognition of the potential challenges that a newly
independent and diverse nation might face, necessitating mechanisms to deal with grave
threats from both internal and external sources, as well as financial crises .
1. The first instance was between 26 October 1962 to 21 November 1962 during the India-
China war, when "the security of India" was declared as being "threatened by external
aggression".
2. The second instance was between 3 and 17 December 1971, which was originally
proclaimed during the Indo-Pakistan war.
3. The third proclamation between 25 June 1975 to January 1977 was under controversial
circumstances of political instability under Indira Gandhi's premiership, when
emergency was declared on the basis of "internal disturbances". The proclamation
immediately followed a ruling in the Allahabad High Court, that voided the Prime
Minister's election from Rae Bareli in the 1971 Indian general election. She was also
prohibited from contesting election for next 6 years, challenging her legitimacy to
continue in her post. Indira Gandhi, instead recommended to the then
president Fakhruddin Ali Ahmed to proclaim a state of emergency to strengthen her
hand.
The phrase Emergency period used loosely, when referring to the political history of India, often
refers to this third and the most controversial of the three occasions.
In 1978, the Forty-fourth Amendment of the Constitution of India, substituted the words
"armed rebellion" for "internal disturbance" in Article 352, making the term more specific and
less subject to interpretations. The amendment also protected Articles 20 and 21 from being
suspended during an emergency. Articles 352 to 360 in Part XVIII of the Indian Constitution deal with
the Emergency Provisions. The articles and their subject matters are listed in the table below.
Instance Period Ground for Key Events/Consequences
Declaration
1 Oct 26, 1962 External India-China War
- Jan 10, Aggression
1968
2 Dec 3, 1971 - External Indo-Pakistan War, creation of Bangladesh
Mar 21, 1977 Aggression
3 Jun 25, 1975 Internal Political instability, Allahabad HC ruling against PM,
- Mar 21, Disturbance suspension of civil liberties, press censorship, detention of
1977 opponents, forced sterilizations
Types of Emergencies in Indian Constitution:-The Indian Constitution
provides for three types of emergencies as listed below:
National Emergency (Article 352)
President’s Rule (Article 356)
Financial Emergency (Article 360)
National Emergency (Article 352):-
Grounds for Declaration:
Originally included "external aggression or war" and "internal disturbance."
After the 44th Amendment (1978), it's limited to "external aggression or war" (External
Emergency) and "armed rebellion" (Internal Emergency).
Process of Declaration:
The President declares it based on a written request from the Cabinet headed by the Prime
Minister.
Requires approval by a special majority (two-thirds present and voting, and a majority of total
membership) in both houses of Parliament within one month.
Once approved, the emergency can be extended in 6 month increments, indefinetly.
Impact on Fundamental Rights:
The six freedoms under the Right to Freedom are automatically suspended.
The Right to Life and Personal Liberty (Article 21) faced controversy during the 1975 emergency,
with the government attempting to suspend it.
Changes to Federal Structure:
The quasi-federal system shifts to a unitary one, granting Parliament the power to legislate on
state list subjects.
State money bills require parlimentary approval.
Lok Sabha Term:
The Lok Sabha's term can be extended by up to one year at a time during an emergency, but
not beyond six months after the emergency is revoked.
President’s Rule (Article 356):-
Grounds for Declaration:
Declared when the President, based on the Governor's report or other sources, determines that
the state's governance cannot function according to the Constitution.
Process of Declaration and Approval:
Declared by the President upon recommendation of the state's governor.
Requires Parliamentary approval within two months.
Duration and Extension:
Initially imposed for six months.
Can be extended up to a maximum of three years with Parliamentary approval every six
months.
Extensions beyond three years require a Constitutional amendment (as seen in Punjab and
Jammu and Kashmir).
Effects on State Governance:
The President assumes executive functions, with the Governor administering the state on the
President's behalf.
The State Legislative Assembly can be dissolved or suspended.
Parliament makes laws on the state list subjects.
State money bills must be approved by parliment.
State ministers cease to perform their duties.
Historical Context:
First declared in Punjab in 1951.
The 42nd and 44th Amendment Acts altered the initial duration of President's Rule.
State/UT Duration Reason(s)
Jammu and 6 years 264 days (1990-1996) Separatist movements and security
Kashmir concerns
Punjab 4 years 259 days (1987-1992) Militancy and terrorist activities
Puducherry 3 years 96 days (1974-1977) Fall of coalition government
Manipur Multiple instances, including recent Political instability, ethnic tensions,
(2025) violence
Uttar Pradesh Multiple instances (11 times) Frequent political instability
Financial Emergency (Article 360):-
Grounds for Declaration:
Declared by the President if they are satisfied that a situation threatens the financial stability or
credit of India or any part of its territory.
Process of Declaration and Approval:
President issues a proclamation.
Requires approval by both Houses of Parliament within two months.
Duration:
Once approved, it continues indefinitely until revoked.
Revocation can be done by the President through a subsequent proclamation, without requiring
Parliamentary approval.
Effects:
The central government can give financial directions to states.
This may include:
Directions for states to observe specified financial propriety.
Reduction of salaries and allowances of state government employees.
Reservation of state money bills for Presidential consideration.
The president can also order reduction of salaries and allowances of union government
employees, and supreme and high court judges.
Historical Context:
Although provided for in the Constitution, a Financial Emergency has never been declared in
India.
The 38th and 44th amendments to the constitution, changed aspects of the judicial review of
the presidents satisfaction regarding the declaration.
Analysis of Emergency Provisions:- Emergency provisions in
Indian Constitution are critical legal tools designed to allow governments to respond swiftly
and effectively to extraordinary and critical situations. While these provisions can be
indispensable in safeguarding the nation and its citizens during emergencies, they also carry
significant risks and potential for misuse. The sections that follow analyze the criticisms as well
as advantages of Emergency Provisions in India.
Arguments in Favor of Emergency Provisions:-
National Security and Integrity – Emergency Provisions are seen as necessary to safeguard the
nation’s security and territorial integrity in the face of external aggression, armed rebellion, or
other threats to the constitutional order.
Effective Crisis Management – The enhanced powers granted during emergencies enable the
Central Government to quickly mobilize resources, coordinate responses, and take swift action
to address urgent situations.
Maintaining Constitutional Order – The emergency provisions, particularly the power to
declare a President’s Rule in a State, are seen as a crucial mechanism for maintaining the
constitutional order in India.
Ensuring Effective Governance – In situations of crisis or breakdown of normal governance
mechanisms, emergency provisions allow for the centralization of power, ensuring swift and
effective decision-making to address pressing issues.
Flexibility and Adaptability – The Emergency Provisions offer a degree of flexibility to the
government, allowing it to adapt and respond to evolving crisis scenarios that may not be
adequately addressed by normal constitutional mechanisms.
Historical Precedents – The framers of the Constitution were influenced by the experiences of
the colonial era and the need to prevent the recurrence of situations that led to the suspension
of civil liberties and democratic processes.
Major protagonists of the Emergency Provisions in the Constituent Assembly and
their views can be seen as follows:
Sir Alladi Krishnaswami Ayyar viewed them as the “very life breath of the
Constitution”.
Mahabir Tyagi saw them as a “safety valve” for maintaining the constitutional order.
Dr. B.R. Ambedkar acknowledged the possibility of the emergency provisions being
abused or employed for political purposes while defending their inclusion in the
Constitution.
Arguments Against Emergency Provisions:-
Threat to Federalism – There are concerns that the emergency provisions can be misused by the
central government to consolidate power, suppress political opposition, and undermine the
federal structure of the Constitution.
Suspension of Fundamental Rights – Suspension of certain fundamental rights during an
emergency raises concerns about the erosion of civil liberties and individual freedoms.
Lack of Effective Checks and Balances – Critics argue that the emergency provisions do not
have sufficient checks and balances to prevent the arbitrary or prolonged use of emergency
powers.
Centralisation of Power – The Emergency Provisions are seen by some as a means to
concentrate power at the Central level, potentially undermining the autonomy and decision-
making capabilities of the States.
Potential for Dictatorship – As observed by T.T. Krishnamachari, these provisions may allow
the President and the Executive to exercise a form of Constitutional Dictatorship.
Weakening of Democratic Institutions – The invocation of Emergency Provisions, especially the
imposition of the President’s rule in States, can lead to the weakening of democratic institutions
and the undermining of the principles of federalism and separation of powers.
Feature Article 352 (National Article 356 (President's Article 360 (Financial
Emergency) Rule) Emergency)
Grounds for War, external aggression, Failure of constitutional Threat to financial
Declaration armed rebellion, imminent machinery in a state, non- stability or credit of
danger thereof compliance with Union India or any part
directions thereof
Parliamentary Within 1 month, special Within 2 months, simple Within 2 months,
Approval majority majority simple majority
Initial Duration 6 months 6 months Indefinite
Maximum Indefinite with periodic 3 years (with conditions for Indefinite until revoked
Duration approval extension beyond 1 year)
Impact on Article 19 suspended Fundamental Rights Fundamental Rights
Rights (external emergency), other generally unaffected generally unaffected
rights can be suspended
(except 20 & 21)
Impact on Federal structure State under direct control of Center gains significant
Federalism transforms to unitary the Union control over state
finances
Revocation By President, or mandatory By President By President
if Lok Sabha disapproves
Conclusion:-
The Emergency Provisions in the Indian Constitution reflect the delicate balance between the
need for effective crisis management and the preservation of democratic principles. While the
proponents argue that these provisions are necessary to secure national interests and maintain
constitutional order, the critics caution against the potential for abuse and the erosion of
federalism, fundamental rights, and democratic institutions. As India continues to navigate
complex challenges, the judicious and transparent application of these provisions, coupled with
robust checks and balances, will be crucial in upholding the country’s constitutional values and
democratic foundations. The emergency provisions enshrined in Articles 352, 356, and 360 of
the Indian Constitution provide the executive with extraordinary powers to address a range of
crises, from threats to national security and breakdowns of constitutional machinery in states
to severe financial instability. These provisions facilitate a temporary shift from a federal to a
unitary structure, granting the central government enhanced authority to ensure the nation's
integrity and stability . However, the exercise of these powers has been a subject of considerable
debate, particularly concerning the balance between state authority and the protection of
fundamental rights .
The historical experience, especially with the National Emergency of 1975 and the frequent use
of President's Rule, highlights the potential for misuse of these provisions . Safeguards such as
the requirement for parliamentary approval, the special majority needed for extending a
National Emergency, and the judicial review of President's Rule, particularly after the S.R.
Bommai case, are crucial mechanisms to prevent arbitrary or politically motivated
invocations.The fact that a Financial Emergency has never been declared in India, despite
economic challenges, suggests a cautious approach to using this drastic measure.
Ultimately, the emergency provisions in the Indian Constitution reflect a delicate balance
between the need for effective crisis management and the preservation of democratic principles
and federalism. Their judicious and responsible use,with strict adherence to the constitutional
safeguards and a commitment to upholding fundamental rights, is essential to maintain the
integrity of the Constitution and the federal structure of India.
_______THE END_______
