EMERGENCY PROVISIONS UNDER CONSTITUTION OF INDIA:

“The Indian system of government is of quasi-judicial nature where resembling a federal

government, powers are distributed between the center and the state and similar to unitary
form because of retention of powers to the Union during emergency.”
Part XVIII of the Constitution has made provision for three kinds of emergencies:
 “National Emergency”
 “Emergency due to failure of constitutional machinery in states”
 “Financial Emergencies”

These Are Explained Below:

ARTICLE 352: “The constitution makers have equipped the Union under Article 352 with
absolute control during time of emergency to preserve the integrity, security and stability of
the country. Proclamation of Emergency under this Article excludes the other two kinds of
Emergencies. President can impose National Emergency if he is satisfied that a grave
situation exists or is likely to arise due to war, external aggression or armed rebellion (earlier
it was internal disturbance). However his powers are subject to the recommendation of the
Cabinet. The proclamation must also be laid before the House of Parliament which may
approve it by passing a resolution, take no action or disapprove it within one month. Such a
proclamation is notified by publication in official gazette but this is not obligatory. So far
National Emergency has been declared three times in the country, first being in 1962-1968
when China attacked Indian borders, second in 1971-1977 during Second World War and the
third was imposed in 1975 on grounds of internal disturbances.”

ARITCLE 356: “Under this article the President is vested with wide discretionary powers
when he is satisfied that the government of the state cannot be carried on in accordance with
the provision of the Constitution of India. Imposition of Emergency during failure of
constitutional machinery in state is called Presidents Rule and non-compliance by any state
with direction of Union given in the exercise of its executive power is an express ground to
impose such a rule. Such a proclamation to be operative must be placed before the House of
Parliament and with its approval it is valid for six months. In S.R. Bommai v. Union Of India,
a full bench of the Karnataka high court produced different opinion about the imposition of
the President’s Rule in Karnataka, while in other states the court held that it was in violation
of the constitution and would have restored the original position.”

ARTICLE 360: “This article explains Financial Emergency imposed by the President in a
situation of financial crises where the credit of India, or any part is threatened or in danger.
The purpose of this article is to alter the governmental machinery at the backdrop of the
financial stability of the country. Unless approved by the House of Parliament this
proclamation shall cease to operate in two months. In so far, this proclamation is not imposed
in India.”

INTRODUCTION
“The Constitution of India is dealing with one of the major issues that are emergency
situations, The Constitution of India contains Emergency Provisions under Article 352-360
under Part XVIII of the Constitution and are embodied in 9 articles (352-360).”

“The emergencies which these articles seek to cover are of three kinds”:

(a) “An emergency due to external or internal aggression;”

(b) “Failure of constitutional machinery in a State; and”

(c) “Financial emergency”

“The first is provided for in Art. 352, the second in Art. 356, and the third in Art. 360. The
remaining articles deal with such matters and consequences which arise as a result of the
proclamation of emergency under any of the above mentioned articles.”

“The two kinds of proclamations - of emergency and of failure of Constitutional machinery -

differ from each other in two respects:”

(1) “The reasons or the grounds necessitating the proclamation are different in each case”;

(2) “The effects produced as a consequence of a Proclamation in each case are different.”

“For example, a proclamation issued consequent on the failure of the Constitutional

machinery (Art. 356) does not affect the individual's right to move the courts for the
enforcement of fundamental rights. But when a proclamation is issued under Art. 352
(emergency) the right to move the courts for the enforcement of any or all fundamental rights
may be suspended (Art. 359). When the Constituent Assembly was debating the emergency
provisions in the draft constitution, Dr. Ambedkar explained to the Assembly that the
emergency power intended to be vested in the President of India was of thesame type as was
vested in the President of the United States.”

NEED FOR NATIONAL EMERGENCY IN INDIA-

“National Emergency has been declared in our country three times so far.”
“For the first time, emergency was declared on 26 October 1962 after China attacked our
borders in the North East. This National Emergency lasted till 10 January 1968, long after the
hostilities ceased.”

“For the second time, it was declared on 3 December 1971 in the wake of the second India-
Pakistan War and was lifted on 21 March 1977. While the second emergency, on the basis of
external aggression, was in operation,”

“Third National Emergency (called internal emergency) was imposed on 25 June 1975. This
emergency was declared on the ground of ‘internal disturbances’. Internal disturbances
justified impositin of the emergency despite the fact that the government was already armed
with the powers provided during the second National Emergency of 1971 which was still in
operation.”