FACULTY OF LAW

UNIVERSITY OF LUCKNOW

SUBJECT: CONSTITUTIONAL LAW

TOPIC- EMERGENCY
PROVISIONS

Name- Ankita Singh

LLB(HONS)
SEMESTER-3
ROLL NO – 02
SECTION-B
 ACKNOWLEDGEMENT

I wish to extend my heartfelt and profound gratitude to all persons who in way or
another have contributed efforts and support in the completion of this project.

I express my deep appreciation and indebtedness particulary to Prof NITIN KUMAR

who gave me the golden opportunity to work on this undertaking.

I am also immensely obliged to my friends for their elevating inspiration, encouraging

guidance and kind supervision without which the completion would have been an
ordeal.
 INDEX

S.No Topic Remarks

1 EMERGENCY PROVISIONS

2 INTRODUCTION

3 National emergency

4 State Emergency

5 Financial Emergency
 EMERGENCY PROVISIONS
INTRODUCTION
Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President of India has
the power to impose emergency rule in any or all the Indian states if the security of part or all of India is
threatened by "war or external aggression or armed rebellion".
DEFINITION- An emergency is a situation which arises due to the failure of the government machinery which
causes or demands immediate action from the authority.
BLACK laws dictionary defines emergency :-as a failures of social system to deliver reasonable conditions of
life .1

Part- XVIII of Indian Constitution deals with the Emergency provisions i.e. Articles 352 to 360. There are three
types of Emergencies mentioned in the Constitution. The power of imposing all three types of Emergencies is
vested upon the President of India. The concept of Emergency was borrowed from the Weimar Constitution of
Germany. The three types are as follows –

1. Article 352 – National Emergency

2. Article 356 – President’s Rule
3. Article 360 – Financial Emergency

National emergency
Grounds:-

 War-When a country declares a formal war against India and there is a violent struggle using armed
forces, the President of India may impose National emergency.  
 External Aggression-When a country attacks another country without any formal declaration of war. It is
a unilateral attack by any country towards India. In such circumstances, the President of India may
impose a National emergency.
 Armed Rebellion-Emergency due to the armed rebellion may be imposed by the President of India when
a group of people rebel against the present government which will lead to the destruction of lives and
property.

The word “Armed Rebellion” was substituted for “Internal Disturbance” by the Forty-fourth Constitution
Amendment Act, 1978. 

1
Black law dictionary
External Aggression means when a country attacks another country without any formal declaration of war.

National Emergency has been imposed three times in India so far. The time period in which this happened was
from 1962-1977. Brief description of the emergencies are as follows –

An emergency was imposed at the time of Indo-China war by the then President of India Dr Sarvepalli
Radhakrishnan on the ground of external aggression from October 26, 1962, to January 10, 1968. 2

Again, an Emergency was imposed from December 3, 1971, to March 21, 1977, by the then President of India
Mr V.V. Giri during the Indo-Pakistan war. The reason was the same as above i.e. external aggression.3

The third Emergency was imposed due to a clash between Legislature and Judiciary. Mrs Indira Nehru Gandhi,
the then Prime Minister of India with the permission of the then President Fakhruddin Ali Ahmed declared an
emergency. It was imposed for a period of 19 months from June 25, 1975to March 21, 1977.4

State Emergency
Article 356 deals with State Emergency or President’s Rule in the State (“Provisions in case of Failure of
Constitutional Machinery in States”). The President of India has the power to proclaim State Emergency when
he receives a report from the Governor of that particular State explaining that the situation in the State
Government is such that they cannot carry out the Constitutional provisions.

President’s Rule can be judicially reviewed and the President becomes answerable only when the Emergency is
imposed in certain cases, which are:

1. When there is Constitutional non-conformity by the State with the direction of Union

2. When there is a political crisis in the State.

3. When there is an internal subversion in the State

The case S.R Bommai v. Union of India5is a landmark case in respect of imposing President’s Rule
in any State. The case laid down the power of the Union Government in relation to the State
Emergency under Article 356 of the Indian Constitution. Judicial Review of the President’s Rule
was made possible by this case. While giving the judgement, the court depended on Sarkaria’s
Commission Report, 1987.

2
1962 indo-china war
3
Indo-pakistani war of 1971.
4
Indira Nehru Gandhi vs shri raj narain&anr.,AIR1975 SC 2299
5
S.R bommai v.union of india ,AIR 1994 SC1918
Financial Emergency
Article 360 deals with “Provisions as to Financial Emergency”. Financial Emergency is imposed by the
President when there arises any situation which causes a financial threat to India or any part of India.

Financial Emergency has never been imposed in India. However, in 1990, the possibility of financial emergency
emerged but the situation was controlled by the Indian Government as in July 1991 the Reserve Bank of India
pledged 46.91 tonnes of Gold with Bank of England and Union Bank of Switzerland to raise $400 million.

Emergency Provisions

1. Article 352: Proclamation of

Emergency.

2. Article 353: Effect of

Proclamation of Emergency.

3. Article 354: Application of

provisions relating to the distribution of revenues while a proclamation of emergency is in operation.

4. Article 355: Duty of the

Union to protect States against external aggression and internal disturbance.

5. Article 356: Provisions in

case of failure of constitutional machinery in State.

6. Article 357: Exercise of

legislative powers under Proclamation issued under Article 356.

7. Article 358: Suspension of

provisions of article19 during Emergencies.

8. Article 359: Suspension of

the enforcement of the rights conferred by Part III during emergencies.

9. Article 360: Provisions as to

Financial Emergency.

Indira Nehru Gandhi vs. Shri Raj Narain & Anr (Landmark judgement of
Indian constitution)
Case No:- Appeal (civil) 887 of 1975
Bench:- A.N. Ray J., H.R Khanna J., K.K Mathew J., M.H Beg J. and Y.V Chandrachud
J.
Introduction- this is a case regarding election disputes involving the prime minister and purposes of 39 th
amendment of the constitution.

Facts-Raj Narain had contested the Indian general election,1971 against Indira Gandhi, who represented the
constituency of rae Bareilly in the lok sabha . Gandhi was re elected and her INC party won with
majority.narain filed petition to appeal the verdict, alleging that Indira Gandhi used bribery , government
machinery and resources to gain an unfair advantage in contesting the election.

This case was heard by the Allahabad high court.

On 12 june 1975, justice jagmohanlal Sinha found Indira Gandhi guilty of electoral malpractices. sinha declared
verdict as ‘null and void’,and barred indira Gandhi from holding elected office for six years.the court order gave
congress party 20 days to replace Indira in her official posts.

In such situation,Indira Gandhi cant go to rajya sabha ,now she had to leave the post of prime minister .

On the night of 25 june 1975, the prime minister recommended the imposition of emergency to president
Fakhruddin ali ahmed. He issued immediately.

Indira Gandhi filed an appeal against the decision of Allahabad high court. The parliament passed 39 th
constitutional amendment, which introduced and added a new article 329A to constitution of india.it was stated
by this article that election of prime minister and speaker cant be challenged in any court in country.

Judgement-the honourable supreme court applied the basic structure doctrine laid down in keasavananda bharat
vs state of kerala 1973.6

It stated that clause(4) of article 329A is liable to be struck down on the ground that it violates the principle of
free and fair election which is part of basic structure of constitution. It is resulting in damaging the basic
structure. The supreme court held clause (4) of the constitution 39 th amendment act,1975 as unconstitutional and
void on the ground that it was outright denial of the right to equality. The provision was arbitrary and damage
and destroy the rule of law.

6
Kesavananda bharthi v. state of kerala,AIR 1973 SC 1461
 Bibliography

1. https://en.wikipedia.org/wiki/Emergency_provisions_of_the_Constitution_of_India
2. https://blog.ipleaders.in/emergency-provisions-india/
3. http://www.legalservicesindia.com/article/1834/Three-types-of-emergencies-under-the-
Indian-Constitution.html
4. https://www.pdpu.ac.in/cce/downloads/Emergency.pdf
5. http://www.hrcr.org/safrica/emergency_powers/prov_indian_const.html

Presentation link
https://drive.google.com/file/d/1OM7p0hU2m1NL11m0ntWhceNh3NR48E-L/view?
usp=drivesdk