Emergency Provisions

A state of emergency in India refers to a period of governance

that can be proclaimed by the President of India during certain
crisis situations.
The Emergency provisions in India derived from the Weimar
Constitution of Germany. These provisions are mentioned in Part
XVIII of the Indian Constitution, and they extend from Article 352
to Article 360.
• Article 352, National Emergency: Emergency arising out of war
or external aggression or armed rebellion.
• Article 356, Emergency in the State: Emergency arising out of
the failure of Constitutional machinery in the state(s), which is
also commonly known as the President's Rule.
• Article 360, Financial emergency.

NATIONAL EMERGENCY

National emergency can be declared on the basis of war,

external aggression or armed rebellion. The Constitution
employs the expression ‘proclamation of emergency’ to
denote an emergency of this type.
Grounds of declaration:

Under Article 352, the president can declare a national

emergency when the security of India or a part of it is
threatened by war or external aggression or armed
rebellion.
The President can declare a national emergency even
before the actual occurrence of war or armed rebellion or
external aggression
When a national emergency is declared on the grounds
of ‘war’ or ‘external aggression’, it is known as ‘External
Emergency’. On the other hand, when it is declared on the
grounds of ‘armed rebellion’, it is known as ‘Internal
Emergency’.

This term ‘armed rebellion’ is inserted from

the 44th amendment. Before this term it was known as
internal disturbance.
Procedure for Proclamation

The President can proclaim a National Emergency only on the

written advice of the Council of Ministers headed by the Prime
Minister.

Such a proclamation must be approved by both Houses of

Parliament within one month by a special majority (i.e., a
majority of the total membership and not less than two-thirds
of the members present and voting).

Parliamentary approval and duration

The proclamation of emergency must be approved by both

the houses of parliament within one month from the date
of its issue.
However, if the proclamation of emergency is issued at a
time when the Lok Sabha has been dissolved or the
dissolution takes place without approving the
proclamation, then the proclamation survives until 30 days
from the first sitting of Lok Sabha
If approved by both the houses, the Emergency continues
for 6 months and can be extended to an indefinite period
with an approval of the Parliament for every six months.
Every resolution approving the proclamation of emergency
or its continuance must be passed by either House of
Parliament by a special majority.

Occurrence of National Emergency:

Till now, the National Emergency has been proclaimed three
times:-
• October 1962 to January 1968: When China invading the North-
East Frontier Agency area of Arunachal Pradesh.
• December 1971 to March 1977: When Pakistan conducted
undeclared war against India.
• From June 1975 to March 1977: Based on internal disturbance.
Revocation of proclamation

A proclamation of Emergency may be revoked by the President

at any time by a subsequent proclamation. Such proclamation
does not require parliamentary approval.
The emergency must be revoked if the Lok Sabha passes a
resolution by a simple majority
Effects of national
emergency

Effects on the centre-state relations:

Executive: Centre becomes entitled to give executive
directions to a state on ‘any’ matter
Legislative: The parliament becomes empowered to make
laws on any subject mentioned in the state list, the
president can issue ordinances on State subjects also, if
the parliament is not in session. The laws made on state
subjects by the parliament become inoperative six
months after the emergency has ceased to be in
operation.
Financial: the president can modify the constitutional
distribution of revenues between the centre and the
states.

Effect on the life of the Lok Sabha and State Assembly:

While a proclamation of National Emergency is in

operation, the life of the Lok Sabha may be extended
beyond the normal term for one year at a time. However,
this extension cannot continue beyond a period of six
months after the emergency has ceased to operate.
Similarly, the Parliament may extend the normal tenure
of a state Legislative Assembly by one year each time
during a national emergency, subject to a maximum
period of six months after the emergency has ceased to
operate.

 Effect on fundamental rights:

 o Suspension of Fundamental rights under Article
19: According to Article 358, when a proclamation of
National Emergency is made, the six fundamental
rights under article 19 are automatically suspended.
Article 19 is automatically revived after the expiry of
the emergency.

o The 44th Amendment Act laid out that Article 19 can

only be suspended when the National Emergency is
laid on the grounds of war or external aggression and
not in the case of armed rebellion.
o Suspension of other Fundamental Rights: Under Article
359, the President is authorised to suspend, by order,
the right to move any court for the enforcement of
Fundamental Rights during a National Emergency.
o The 44 Amendment Act mandates that the President
cannot suspend the right to move the court for the
enforcement of Fundamental Rights guaranteed by
Article 20 and 21.
President’s Rule (Article 356)
Grounds for Declaration
The president’s ruler can be proclaimed under Article 356 on
two grounds:

 Article 356 empowers the President to issue a proclamation

if he is satisfied that a situation has arisen in which the
government of a state cannot be carried on in accordance
with the provisions of the constitution.
 Article 365 says that whenever a state fails to comply with
or to give effect to any direction from the centre, it will be
lawful for the President to hold that a situation has arisen
in which the government of the state cannot be carried on
in accordance with the provisions of the constitution.
 Parliamentary approval and duration: A proclamation
imposing president’s rule must be approved by both the
houses of parliament within two months from the date of its
issue.
 However, if the proclamation of President’s rule is issued at
a time when the Lok Sabha has been dissolved or the
dissolution of the Lok Sabha takes place without approving
the proclamation, then the proclamation survives until 30
days from the first sitting of the Lok Sabha
Consequences of the President’s rule: The President acquires
the following extraordinary powers when the President’s rule is
imposed in a state:

 He can take up the functions of the state government and

powers vested in the governor or any other executive
authority in the state.
 He can declare that the powers of the state legislature are
to be exercised by the parliament.
 He can take all other necessary steps including the
suspension of the constitutional provisions relating to any
body or authority in the state.

3. Financial Emergency (Article 360)

Grounds for Declaration
 Article 360 empowers the president to proclaim a
Financial Emergency if he is satisfied that a situation has
arisen due to which the financial stability or credit of
India or any part of its territory is threatened.
 Parliamentary approval and duration: A proclamation
declaring financial emergency must be approved by both
the Houses of Parliament within two months from the
date of its issue.

 However, if the proclamation of Financial Emergency is

issued at a time when the Lok Sabha has been dissolved or
the dissolution of the Lok Sabha takes place during the
period of two months without approving the proclamation,
then the proclamation survives until 30 days from the first
sitting of the Lok Sabha after its reconstitution, provided
the Rajya Sabha has in the meantime approved it.
 Once approved by both the houses of Parliament, the
Financial Emergency continues indefinitely till it is
revoked.

Effects of Financial Emergency

 Extension of the executive authority of the Union over

the financial matters of the States.
  Reduction of salaries and allowances of all or any class of
persons serving in the State.
 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; and the judges of the Supreme Court and the High
Courts.

Federalism vs. Emergency Provisions: Points of Tension

1. Erosion of State Autonomy

During emergencies, the balance of power shifts in favor of the

central government. For instance:

 Under Article 352, Parliament gains the authority to legislate

on state subjects, and the executive powers of the states are
subordinated to the central government.

 Article 356 allows the President to dissolve a state
legislature, effectively nullifying the federal principle of
autonomous state governance.
 Critics argue that Such provisions will undermine the
autonomy of states

2. Centralization of Legislative Power

During a national emergency, the division of legislative powers

between the Union and states, as enumerated in the Seventh
Schedule, becomes unnecessary. Parliament receive the
authority to legislate on subjects in the State List, blurring the
boundaries of federal governance. This centralization disturb the
federal balance as given in the Constitution.

3. Suspension of Fundamental Rights

The suspension of Fundamental Rights during emergencies,

particularly those under Article 19, raises concerns about the
erosion of individual liberties. The central government’s ability to
override these rights disproportionately affects citizens in states
and weakens the checks and balances integral to federalism.

4. Frequent Misuse of Article 356

Article 356 has been criticized for its frequent misuse, especially
during the first few decades after independence. Successive
central governments have used this provision to dismiss state
governments led by opposition parties, undermining democratic
and federal principles. The Sarkaria Commission (1983)
highlighted such misuse and recommended stricter guidelines for
its invocation.

Arguments in Favour 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.

Contextual Justification

The inclusion of emergency provisions must be viewed in the

historical context of post-independence India, marked by
partition, communal violence, and territorial disputes. A
strong central authority was deemed necessary to maintain
order and unity.

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.

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.