Course Code: 1190725205
Course Name: Constitutional
Law - II
SEMESTER: 4
UNIT 3
EMERGENCY PROVISIONS
The Constitution of India provides a framework for handling extraordinary situations that
threaten the country's security, governance, and financial stability. These situations are
addressed through Emergency Provisions under Part XVIII (Articles 352–360) of the
Constitution.
3.1 National Emergency (Article 352)
Grounds for Proclamation of National Emergency:
Under Article 352, the President can declare a National Emergency if he/she is satisfied that
the security of India or any part of its territory is threatened by:
1. War
2. External aggression
3. Armed rebellion (Earlier termed as ‘internal disturbance’ before the 44th
Amendment Act, 1978)
🔹 The President can declare an Emergency only on the written advice of the Council of
Ministers headed by the Prime Minister.
🔹 The proclamation must be approved by both Houses of Parliament within one month
by a special majority.
🔹 Once approved, the Emergency remains in force for six months and can be extended
indefinitely with parliamentary approval every six months.
Effects of Proclamation of National Emergency:
1. Centralization of Power – The Union Government assumes extraordinary powers
over the states.
Page | 1
Course Code: 1190725205
Course Name: Constitutional
Law - II
SEMESTER: 4
2. Suspension of Federalism – Parliament can legislate on State List subjects.
3. Extension of Executive and Legislative Powers – The President can direct the states
on the manner of governance.
4. Suspension of Fundamental Rights:
o Article 19 (Freedoms) automatically gets suspended.
o Other Fundamental Rights (except Articles 20 and 21) can also be suspended
by the President under Article 359.
5. Effects on the Judiciary:
o Courts cannot entertain petitions regarding violations of Fundamental Rights
(except Articles 20 and 21).
o Habeas corpus and similar writ petitions may be suspended.
Revocation of National Emergency:
🔸 The President can revoke the National Emergency at any time without parliamentary
approval.
🔸 The Lok Sabha can disapprove the Emergency if at least 1/10th of its members submit a
written notice and a simple majority votes against it.
Historical Instances of National Emergency in India:
1. 1962-1968 – Due to the India-China War.
2. 1971-1977 – Due to the India-Pakistan War.
3. 1975-1977 – Declared by Indira Gandhi citing internal disturbances. This period saw
widespread human rights violations, mass arrests, and press censorship.
3.2 Emergency Due to Failure of Constitutional Machinery in States
(Article 356) – President’s Rule
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Course Code: 1190725205
Course Name: Constitutional
Law - II
SEMESTER: 4
This emergency is commonly known as President’s Rule and is imposed when the
constitutional machinery of a state fails, meaning the state cannot function according to the
provisions of the Constitution.
Grounds for Proclamation:
Under Article 356, the President can impose President’s Rule in a state if:
1. The Governor reports that the governance of the state cannot be carried on in
accordance with the Constitution.
2. The President is satisfied that the state’s constitutional machinery has failed.
3. The state legislature is unable to elect a leader as Chief Minister.
4. The government in power loses its majority but refuses to resign.
5. The state government fails to comply with directions from the Union.
Effects of President’s Rule:
1. State Government is Dismissed – The Governor takes over the executive powers of
the state.
2. State Legislature is Either Suspended or Dissolved.
3. Parliament assumes law-making power over the State List.
4. The President can authorize expenditure from the state treasury.
Approval and Revocation of President’s Rule:
The proclamation must be approved by both Houses of Parliament within two
months.
Once approved, it remains for six months, but can be extended up to three years
with periodic parliamentary approval every six months.
Revocation can happen anytime by the President’s order.
Judicial Review of President’s Rule:
1. S. R. Bommai v. Union of India (1994):
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Course Code: 1190725205
Course Name: Constitutional
Law - II
SEMESTER: 4
o The Supreme Court ruled that judicial review is possible for President’s Rule
under Article 356.
o The Governor’s report is subject to judicial scrutiny.
o Arbitrary dismissal of state governments is unconstitutional.
2. Rameshwar Prasad Case (2006):
o The Supreme Court struck down the dissolution of the Bihar Assembly as
unconstitutional.
3.3 Sarkaria Commission Report and S. R. Bommai Case
Sarkaria Commission Report (1988):
Recommended that Article 356 be used as a last resort.
Suggested prior warnings before imposing President’s Rule.
Stated that floor tests should determine a government’s majority.
S. R. Bommai v. Union of India (1994):
Limited the misuse of Article 356.
Stated that President’s Rule is subject to judicial review.
A floor test is mandatory to prove the government’s majority before dismissal.
3.4 Financial Emergency (Article 360)
Grounds for Proclamation:
A Financial Emergency can be declared by the President if:
1. The financial stability or credit of India is threatened.
2. There is an economic crisis, recession, or external financial aggression.
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Course Code: 1190725205
Course Name: Constitutional
Law - II
SEMESTER: 4
🔹 Unlike other emergencies, a Financial Emergency does not require parliamentary
approval within a time limit and continues indefinitely unless revoked.
Effects of Financial Emergency:
1. The Union Government assumes control over the financial matters of states.
2. Reduction in salaries of government employees, including judges.
3. All financial bills must be approved by the President before passing.
4. Central government directives must be followed by states in financial matters.
Historical Use of Financial Emergency in India:
🚫 No Financial Emergency has ever been declared in India.
Conclusion:
The Emergency provisions in India, while essential for national security and governance,
have historically been misused, particularly during the 1975 Emergency. However, judicial
interventions like the S. R. Bommai case and Sarkaria Commission Report have helped
curb arbitrary use.
These detailed notes provide an in-depth understanding of Emergency Provisions under the
Indian Constitution.
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