Emergency Provisions Notes
The Emergency Provisions are mentioned in Part XVIII (Articles 352-360) of the Constitution. These provisions empower the Central Government to take full control during extraordinary situations to protect national security and stability.
Types of Emergencies
The Constitution provides for three types of emergencies:
Why are Emergency Provisions Needed?
- To protect national security.
- To prevent breakdown of constitutional machinery.
- To maintain financial stability.
National Emergency (Article 352)
Declared by the President when:
- War (Declared conflict with another country).
- External Aggression (Unprovoked attack by another country).
- Armed Rebellion (Internal violent uprising – replaced “internal disturbance” by the 44th Amendment, 1978).
Effects of National Emergency
- Centre gains complete control over the states.
- Fundamental Rights (except Articles 20 & 21) can be suspended.
- Parliament gets the power to make laws on State List subjects.
- The Lok Sabha’s term can be extended beyond 5 years (for one year at a time).
Approval & Duration
- Must be approved by both Houses of Parliament within 1 month.
- Can continue indefinitely with Parliament’s approval every 6 months.
- Revoked by the President anytime or if Lok Sabha disapproves.
Past Instances of National Emergency
44th Amendment (1978) made National Emergency declaration stricter by requiring the Cabinet’s written recommendation.
State Emergency (President’s Rule) – Article 356
- Declared by the President when a State government fails to function as per the Constitution.
- Based on the Governor’s report or the President’s discretion.
A. Effects of President’s Rule
- The State Assembly is dissolved or kept under suspension.
- The President governs the state through the Governor.
- Parliament makes laws for the state.
B. Approval & Duration
- Must be approved by Parliament within 2 months.
- Can continue for a maximum of 3 years (beyond 1 year requires special conditions).
- Revoked anytime by the President.
Supreme Court’s Safeguards (S.R. Bommai Case, 1994)
- Judicial review of President’s Rule allowed.
- State government must be given an opportunity to prove its majority before dismissing it.
Past Instances of President’s Rule
Most used emergency provision (Over 125 times since 1950).
Financial Emergency (Article 360)
Declared when the financial stability of India is threatened.
Effects of Financial Emergency
- The Centre controls state financial matters.
- Salaries of government employees, including judges, can be reduced.
- All money bills require Presidential approval.
Approval & Duration
- Must be approved by Parliament within 2 months.
- Continues indefinitely until revoked by the President.
- No Financial Emergency has been declared so far in India.
Impact of Emergency Provisions
Important Amendments Related to Emergency Provisions
44th Amendment (1978) made these major changes:
- Internal Disturbance replaced by Armed Rebellion in Article 352.
- Cabinet’s written recommendation required for Emergency declaration.
- Fundamental Rights under Articles 20 & 21 cannot be suspended.
Key Supreme Court Cases on Emergency Provisions
Key Takeaways for UPSC
- National Emergency (Article 352) – Declared in case of war, external aggression, or armed rebellion.
- State Emergency (Article 356) – President’s Rule imposed in a state due to breakdown of constitutional machinery.
- Financial Emergency (Article 360) – Declared when India’s financial stability is at risk (never used).
- Judicial review of President’s Rule allowed after S.R. Bommai Case (1994).
- 44th Amendment (1978) added safeguards to prevent misuse of Emergency provisions.