Emergency Provisions

Introduction

• Emergency Provisions are contained in Part XVIII (Articles 352–360) of the Constitution.
• They enable the Union Government to assume extraordinary powers to deal with situations threatening the security, unity, integrity, or financial stability of the nation.
• During an Emergency, the Constitution adopts a unitary character, though the federal structure is not abolished.

Types of Emergencies

National Emergency (Article 352)

A National Emergency may be proclaimed by the President when the security of India or any part thereof is threatened by:

• • War
  • External Aggression
  • Armed Rebellion

Important Amendment

The 44th Constitutional Amendment Act, 1978 replaced the expression “Internal Disturbance” with “Armed Rebellion” to prevent misuse of emergency powers.

Proclamation of National Emergency

Authority

• Proclaimed by the President of India.

Written Advice

The President can proclaim Emergency only on the written advice of the Union Cabinet.

This safeguard was introduced by the 44th Constitutional Amendment (1978).

Territorial Extent

The Emergency may extend to:

• Entire India, or
• Any Part of India

(44th Constitutional Amendment)

Parliamentary Approval

The Proclamation must be:

• • Approved by both Houses of Parliament.
  • Within One Month from the date of Proclamation.

If the Lok Sabha is dissolved, special provisions under Article 352(4) apply.

Majority Required

Approval requires a Special Majority:

• • Majority of the Total Membership of the House, and
  • Two-thirds of Members Present and Voting.

Duration

• Once approved, Emergency remains in force for Six Months.
• It may be extended indefinitely, every Six Months, with Parliamentary approval by Special Majority.

Revocation

Emergency may be revoked by:

• The President at any time by issuing another Proclamation.

OR

• If the Lok Sabha passes a resolution disapproving its continuation.

Special Safeguard

• At least One-Tenth of the total members of the Lok Sabha may submit a notice requiring a special sitting to consider revocation.

Effects of National Emergency

1. Executive Relations (Art. 353)

The Union Government may:

• • Give Executive Directions to any State.
  • Assume greater control over State administration.

2. Legislative Relations

    Parliament

Parliament acquires power to legislate on:

• • State List Subjects

    State Legislature

• • Continues to function.
  • Not suspended merely because of National Emergency.

3. Financial Relations (Art. 354)

The President may modify:

• Distribution of revenues between:
  
  • Union
  • States

Such Orders require Parliamentary approval.

4. Lok Sabha Extension (Art. 83)

During National Emergency:

• • Parliament may extend the normal tenure of the Lok Sabha by One Year at a time.
  • Extension cannot continue beyond Six Months after Emergency ends.

Historical Fact: The tenure of the 5th Lok Sabha was extended during the 1975 Emergency.

Effect on Fundamental Rights

Article 358

    Suspension of Article 19

During National Emergency declared only on the grounds of War or External Aggression:

• • Article 19 automatically remains suspended.

    Important Change

After the 44th Constitutional Amendment:

• • Article 358 does not apply when Emergency is declared due to Armed Rebellion.

Article 359

The President may suspend:

• The Right to Move Courts for enforcement of specified Fundamental Rights.

Cannot be Suspended

Following rights cannot be suspended even during Emergency:

• • Article 20 (Protection in Criminal Cases)
  • Article 21 (Protection of Life and Personal Liberty)

(44th Constitutional Amendment)

National Emergencies in India

Important Facts

• First National Emergency: 1962
• Longest Emergency: 1962–1968
• 1975 Emergency: Declared on grounds of Internal Disturbance (before the 44th Amendment).

President’s Rule (State Emergency)

Constitutional Provision

• Article 356
• Based on Article 355 (Duty of the Union to protect States).

Grounds of applying State Emergency

President’s Rule may be imposed when:

• The Government of a State cannot be carried on in accordance with the Constitution.

Usually based on:

• Governor’s Report
• Or otherwise.

Parliamentary Approval

Must be approved by:

• Both Houses of Parliament.
• Within Two Months.

Duration of  State Emergency

• Initially Six Months.
• Can be extended every Six Months.
• Maximum duration: Three Years.

Conditions beyond One Year

Extension beyond One Year is permitted only if:

• A National Emergency is in operation in the whole or part of the State, and
• The Election Commission certifies that elections cannot be conducted.

Effects of President’s Rule

Executive

• President assumes functions of the State Government through the Governor.

Legislature

• State Legislative Assembly may be:
  
  • Suspended, or
  • Dissolved.
• Parliament exercises legislative powers of the State.

Judicial Position

• High Court continues to function.
• Judiciary remains unaffected.

Important Judgment

S.R. Bommai v. Union of India (1994)

The Supreme Court held:

• • President’s Rule is subject to Judicial Review.
  • Federalism is part of the Basic Structure.
  • Majority should ordinarily be tested on the Floor of the House.

Financial Emergency

Constitutional Provision

• Article 360

Ground of Financial Emergency

Declared when:

• Financial Stability or Credit of India (or any part thereof) is threatened.

Parliamentary Approval

Must be approved within Two Months

Duration of Financial Emergency

• Continues until revoked.
• No maximum time limit.

Effects of Financial Emergency

The President may direct:

• Reduction of salaries of:
  
  • Union Employees
  • State Employees
  • Judges of the Supreme Court
  • Judges of High Courts
• Reservation of all Money Bills for Presidential consideration.

Important Fact

Financial Emergency has never been declared in India.

Comparison of Three Emergencies

Important Constitutional Articles

38th, 42nd & 44th Constitutional Amendments (Emergency Provisions)