Emergency Provisions of the Indian Constitution
The Emergency Provisions in the Indian Constitution empower the Central Government to deal with extraordinary situations that threaten the security, governance, or financial stability of the country. These provisions are inspired by the German Weimar Constitution and are contained in Part XVIII (Articles 352 to 360) of the Constitution. During an emergency, the federal structure of the Constitution becomes more unitary in nature, allowing the Union government to exercise greater control over the States.
The Constitution recognizes three types of emergencies:
1. National Emergency (Article 352)
A National Emergency can be declared when the security of India or any part of it is threatened by war, external aggression, or armed rebellion. Initially, the term “armed rebellion” was not included; it replaced “internal disturbance” through the 44th Amendment Act, 1978.
⦿ Declaration: The President can declare a National Emergency on the written advice of the Council of Ministers headed by the Prime Minister. Parliament must approve it within one month by a special majority.
⦿ Duration: Once approved, it remains in force for six months and can be extended indefinitely with repeated approvals every six months.
⦿ Effects:
- The Union Parliament gains the power to legislate on State subjects.
- The Executive power of the States comes under the control of the Union.
- Fundamental Rights under Article 19 are automatically suspended (only in case of war or external aggression).
- The President may suspend the right to move courts for the enforcement of other Fundamental Rights (Article 359).
India has experienced National Emergency three times: in 1962 (China war), 1971 (Pakistan war), and 1975 (internal disturbance declared by Indira Gandhi’s government).
2. President’s Rule / State Emergency (Article 356)
President’s Rule can be imposed in a State when the constitutional machinery in a State fails, i.e., the State government cannot function according to the provisions of the Constitution.
⦿ Declaration: The President, on the report of the Governor or otherwise, can proclaim President’s Rule.
⦿ Duration: Must be approved by Parliament within two months. It lasts for six months and can be extended up to three years with repeated approvals.
⦿ Effects:
- The President assumes all executive powers of the State.
- The State Assembly may be suspended or dissolved.
- Parliament or the President legislates on behalf of the State legislature.
This provision has been controversially used many times for political reasons. However, the Bommai judgment (1994) restricted its misuse and mandated judicial review of such proclamations.
3. Financial Emergency (Article 360)
A Financial Emergency can be declared when the financial stability or credit of India or any part thereof is threatened.
⦿ Declaration: The President can declare it, and it must be approved by Parliament within two months.
⦿ Effects:
- The Union can direct States to reduce salaries and allowances of government employees, including judges.
- All money bills and financial decisions of States may be subject to the President’s approval.
No Financial Emergency has ever been declared in India till date.
Conclusion
Emergency provisions are crucial tools for safeguarding national security and constitutional governance. However, their misuse can threaten democratic principles and federalism. The experience during the 1975–77 Emergency highlighted the need for checks and balances. Subsequent amendments and judicial decisions have aimed to ensure that these powers are used only in genuine cases and with proper safeguards.
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