EMERGENCY

Submitted by: Anshika Harshyana

Class:- 12th “H”
 INDEX
1. The Emergency provision(article 352-360)
2. The 1975 Emergency
Background of Emergency
Declaration of Emergency
Controversies of Emergency
3. Consequences
4.Conclusion
 THE EMERGENCY PROVISION
The Indian Constitution gives President the authority to declare three types of
emergencies: National Emergency, State Emergency and Financial Emergency.
Emergency provisions in India are borrowed from Weimar Constitution of Germany.
Constitution of India envisages emergency of following three types:
• Article 352- National Emergency
• Article 356- State Emergency ( president’s rule)
• Article 360- Financial Emergency
 • Article 352 of the Indian Constitution talks about the national emergency. National
emergency is imposed whereby there is a grave threat to the security of India or any
of its territory due to war, external aggression or armed rebellion. Such emergency
NATIONAL shall be imposed by the president on the basis of written request by the council of
ministers headed by the Prime Minister. When they are satisfied that they are
EMERGENCY satisfied that there is an eminent danger thereof.

Every proclamation is required to be laid before each House of Parliament, it will

cease to operate after one month from the date of its issue unless in the meantime it is
approved by the parliament, the proclamation may continue for a period of 6 months
unless revoked by the president. For further continuance of emergency the resolution
has to be passed by either house of parliament by a majority of not less than two-
third members of the houses.

During the times of such emergency the executive, legislative and financial power
rests with the centre whereas the state legislature is not suspended. The union
government under Art.250 of the constitution gets the power to legislate in regards to
subjects enumerated in the state list. Except Art20 and 21 all the fundamental rights
are suspended. Under Art.359 the president may suspend the right to move to the
courts for enforcement of fundamental rights during the time of emergency.

National emergency has been imposed thrice in the country- in 1962 at time of
Chinese aggression, in 1971 during the indo-pak war, in 1975 on the grounds of
internal disturbances.
 STATE EMERGENCY
• Article 256 talks about the failure of constitutional machinery in state also known as the President’s rule. If the
president on Governor’s report or otherwise is satisfied that the situation has arisen that the government can’t
be carried in accordance with the constitutional provisions then, he may issue State emergency.

President can declare emergency either by the report of Governor or he himself is satisfied that the situation is
such that the emergency has to be imposed. But at times, President may declare emergency when a report is
not received from the governor.
• The proclamation relating to state emergency shall be laid before each House of Parliament unless both
Houses approve it, the emergency shall cease to have effect after the expiry of a period of two months. Further
the duration of proclamation can be extended to 6 months each time by both Houses of Parliament passing
resolution approving its continuance. Beyond the period of an year the proclamation can only be continued if
the Election Commission certifies that it is not possible to hold election in the state or that territory. The
consequences of state emergency are-

· The president assumes all the executive power of the state himself. The state administration runs by him or
any person appointed by him generally the Governor.
· During such proclamation, the state assembly is either dissolved or suspended. But the MLA’s do not lose
their membership of the Assembly.
· Parliament makes laws regarding the state list. The parliament only passes the budget for the state.
· The High court of the state functions independently.
· President also proclaims ordinances in the state.
 FINANCIAL EMERGENCY
• The president under Article 360 of the constitution has the power to declare
financial emergency if he is satisfied that the financial stability or the credit
of India or any part of its territory is threatened. It has to be laid before both
the Houses of Parliament and ceases to operate at the expiration of two
months unless meanwhile approved by the resolution of Houses.

During the operation of financial emergency, the executive authority of the

union extends to the giving of directions to any state to observe certain
specified canons or financial propriety and such other directions that the
President may find necessary. The directions may include reduction of
salaries or allowance of those serving a state, of all those in connection with
the affairs of union including judges of high court and Supreme Court. There
has been no occasion of financial emergency in India.
 • "The1975 Emergency" refers to a 21-month period
from 1975 to 1977 when Prime Minister Indira
THE 1975 Gandhi had a state of emergency declared across
the country. Officially issued by President Fakrudin
EMERGENCY Ali Ahmed under Article 352 of
the Constitution because of the prevailing "internal
disturbance", the Emergency was in effect from 25
June 1975 until its withdrawal on 21 March 1977. The
order bestowed upon the Prime Minister the
authority to rule by decree, allowing elections to be
suspended and civil liberties to be curbed. For
much of the Emergency, most of Indira Gandhi's
political opponents were imprisoned and the press
was censored. Several other human rights violations
were reported from the time, including a
mass forced sterilization campaign spearheaded
by Sanjay Gandhi, the Prime Minister's son.
 REASON
• Conflict within the congress:- During the period of 1973-75, political unrest against the
Indira Gandhi led government was on its peak. During this period many of the party leaders
within congress, demanded a system which works more like a presidential one, where there
would be directly elected executives in the party. Nav Nirman movement in Gujarat, between
December 1973 and March 1974 was one of the first movements which begun the strife in the
nation. During this movement the central government was forced to dissolve the state
legislature in Gujarat and chief minister Chimanbhai Patel had to resign, which resulted in
President’s rule over Gujarat.
• Revolts:-There were other such activities and revolts against the government that were
taking place during the period which included students, peasants, labor organizations,
employees, unions and opposition parties.
• Conflict with judiciary:-Indira Gandhi was found guilty by the Allahabad High Court on
several accounts and was charged for malpractice during the previous campaigns during her
Lok Sabha seat election. Even within the parliament the government was undergoing much
criticism from the opposition parties.
• India Pakistan war:-The government led by Indira Gandhi claimed that the recent war
between India and Pakistan along with the oil crisis in 1973 has drastically affected the
economy of the country that has resulted into price rise of consumer goods. Apart from
these, there were challenges to fight with the effects of drought in the country and
consequently there was a rise of internal threats from various parts of the country against
the government due to elevation of starvation and debt issues.
• Unemployment:-Unemployment and increasing laboring population generated fume and
outrage all over the nation. The government claimed that the regular strikes and protests
by the citizens have paralyzed the government and its economy and there was anomaly on
streets as well as political opposition prevailing in many part of the country.
 CONTROVERSIES
• The emergency was declared stating the security of India was threatened due to internal
disturbances. In an AIR broadcast on 26 June 1975, Indira Gandhi said– In the name of
democracy it has been sought to negate the very functioning of democracy. Duly elected
governments have not been allowed to function. Agitations have surcharged the atmosphere,
leading to violent incidents. …Certain persons have gone to the length of inciting our armed
forces to mutiny and our police to rebel. The forces of disintegration are in full play and
communal passions are being aroused, threatening our unity. How can any Government
worth the name stand by and allow the country’s stability to be imperilled? The actions of a
few are endangering the rights of the vast majority.
• On the other hand, JP and other opposition leaders believed that in a democracy, people had
the right to publicly protest against the government. The Bihar and Gujarat movements were
largely peaceful and non-violent. Moreover, even if some undue incidents happened, the
government had enough routine powers to control them. There was simply no need to resort
to such an extraordinary measure for that. In fact, the threat was not to the unity and integrity
of the country but to the Congress government and to the prime minister herself.
 CONSEQUENCES
• Detention of people by police without charge or notification of families
• Abuse and torture of detainees and political prisoners
• Use of public and private media institutions, like the national television
network Doordarshan, for government propaganda
• During the Emergency, Sanjay Gandhi asked the popular singer Kishore Kumar to sing for a
Congress party rally in Bombay, but he refused.[41] As a result, Information and broadcasting
minister Vidya Charan Shukla put an unofficial ban on playing Kishore Kumar songs on state
broadcasters All India Radio and Doordarshan from 4 May 1976 till the end of
Emergency.[42][43]
• Forced sterilisation.
• Destruction of the slum and low-income housing in the Turkmen Gate and Jama Masjid area
of old Delhi.
• Large-scale and illegal enactment of new laws (including modifications to the Constitution).
 THE END OF EMERGENCY
• After 18 months of emergency, in January 1977, the government finally decided to hold
election in March 1977. Accordingly, all the leaders and activists were released from jails.
• Although this gave the opposition very little time, it quickly united to form a new party, Janata
Party, under the leadership of JP. Highlighting the dictatorial character and the various
excesses committed during the emergency, the Janata Party turned the elections into a
referendum on the experience of the emergency, at least in the North India.
• The public perception was very much against the Congress and the formation of Janata Party
ensured that the non-Congress votes would not be divided. For the first time since
independence, the Congress party was defeated in the Lok Sabha elections. The Congress
could win only 154 seats in the Lok Sabha, whereas the Janata Part got 295 seats (330, along
with its allies).
• Indira Gandhi was defeated from Rae Bareli, as was her son Sanjay Gandhi from Amethi. An
important constitutional amendment done by the new government was substituting ‘armed
rebellion’ in place of ‘internal disturbance’ and making it necessary that the advice to the
President to proclaim emergency must be given in writing by the Council of Ministers.
THANK YOU