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Emergency
Provisions
Polity Notes For UPSC
of the
Indian
Constitution

Emergency provisions
 Emergency provisions are mentioned in part XVIII of the Indian constitution from Article 352-
360.
 These provisions enable the central government to tackle any abnormal situations.
 Because of such provisions, the federal nature transforms to unitary nature.
 The central government becomes more powerful and has the authority to take control over the
state.
 There are different emergency provisions mentioned in the constitution.
 These include National Emergency enlisted under Article 352, President’s rule enlisted under
Article 356 and Financial Emergency enlisted under Article 360 of the Indian constitution.
 From the UPSC CSE point of view, read the full article to know more details about the
emergency provisions mentioned in the Constitution of India.

Types of Emergencies

Basis of National Emergency Constitutional Financial

Classification Emergency Emergency

Grounds of  War, external  Failure of  Financial

Declaration aggression. constitutional instability
 Armed machinery.
rebellion.
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 Also known as
President’s Rule.

Parliamentary Approval by both the Approval by both the Approval by both the
Approval houses by special houses by special houses by special
majority within 1 majority within 2 months majority within 2
month of issue of of issue of proclamation. months of issue of
proclamation. proclamation.

Duration For infinite period For a maximum duration For infinite period
of 3 years

Revocation of  By the By the President. By the President.

Proclamation President.
 By resolution
of Lok Sabha.

Implementation It has been invoked President's Rule has been Not yet invoked.
three times in India invoked more than 115
during 1962, 1971 and times in India.
1975.

Judicial review Allowed Allowed Allowed

Article Article 352 Article 356 Article 360

1.NATIONAL EMERGENCY
 It can be declared due to war or external aggression or armed rebellion.
 Proclamation of emergency denotes this type of emergency in the Constitution.

Grounds of declaration
Under Article 352, the president can declare a national emergency when the security of India or a part of
it, if there is threat:

 External emergency-
o 1.War- When there is use of armed forces between two countries.
o 2. External aggression- When there is no formal declaration for use of armed forces.

 Internal emergency- Armed rebellion (earlier known as internal disturbance, term included by
the 44th Constitutional amendment act).

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Judicial review
 Earlier National emergency was immune to judicial review (Under the 38th Amendment Act of
1975).
 This provision was subsequently changed by the 44th Amendment Act of 1978.
 The Supreme Court held that National Emergency can be challenged in the court in the Minerva
Mills case (1980).

Parliamentary approval
 Both the houses of parliament must approve the proclamation of emergency within one month
from the date of its issue.
 The proclamation survives until 30 days from the first sitting of Lok Sabha after its
reconstitution provided the Rajya Sabha has approved it.
 After approval by both the houses, the Emergency can be issued for 6 months and can be
extended to an indefinite period.
 Resolution for approving the proclamation of emergency or its continuance must be passed by a
special majority by either House of Parliament.

Revocation of proclamation
 Emergency may be revoked by the President at any time by a subsequent proclamation which
does not require parliamentary approval.
 The Lok Sabha can pass a resolution by a simple majority for disapproving its continuation.

Effects of national emergency

 Effects on the centre-state relations:

o Executive: Centre is entitled to give executive directions to a state on ‘any’ matter.

o Legislative: The parliament is empowered to make laws on any subjects in the state list.
The president can also issue ordinances on State subjects that become inoperative after
six months of the operation of the emergency.
o Financial: Distribution of revenues between the centre and the states can be modified by
the president.

 Effect on Lok Sabha and State Assembly:

o The life of the Lok Sabha can be extended beyond 5 years for one year at a time.
o The Parliament may also extend the normal tenure of a state Legislative Assembly by one
year each time.

 Effect on fundamental rights:

o This effect is described under Articles 358 and 359.

o According to Article 358, the Fundamental rights under Article 19 are automatically
suspended in a national emergency.
o Article 19 can only be suspended on the grounds of war or external aggression and not in
the case of armed rebellion after the 44th Amendment Act
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o Under Article 359, the President is authorised to suspend remedial measures.

o With the 44 Amendment Act, the President could not suspend judicial review for the
enforcement of Fundamental Rights guaranteed by Article 20 and 21.

Implementation of National emergency.

 This type of emergency has been implemented three times in 1962, 1971 and 1975.
 In October 1962, it was issued on account of Chinese aggression in the NEFA. It was in effect
till January 1968.
 In December 1971, the emergency was due to the attack by Pakistan.
 In June 1975, the third proclamation was made which was revoked in March 1977 along with the
emergency of 1971.

2.PRESIDENT’S RULE
 Under Article 355, it is the duty of the centre to ensure that the governance of every state is
carried on in accordance with the provisions of the constitution.
 In case of failure of constitutional machinery in a state the centre takes over the government of a
state under Article 356.
 It is popularly known as the ‘President’s Rule’.

Grounds of imposition
 If the President is not satisfied with the government of a state.
 If any state fails to comply with the centre.

Parliamentary approval and duration

 A proclamation must be approved by both the houses of parliament within two months from the
date of its issue.
 After its reconstitution, the proclamation survives till 30 days from the first sitting of the Lok
Sabha, if Lok Sabha has been dissolved, provided that the Rajya Sabha has approved it.

Judicial review
 This type of Emergency is eligible for judicial review after the 44th Amendment Act.

3.FINANCIAL EMERGENCY

Grounds of declaration
 Under Article 360, the president can proclaim a Financial Emergency when there is threat to the
financial stability or credit of India or any part of its territory.

Parliamentary approval and duration

 The proclamation needs to be approved by both the Houses of Parliament within two months
from the date of its issue.

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 Such an emergency continues indefinitely till it is revoked Once approved by both the houses of
Parliament.

Effects of Financial Emergency

 The executive authority of the Union over the financial matters of the States is increased.
 The salaries and allowances of all or any class of persons serving in the State can be reduced
including the judges of the Supreme Court and the High Courts.
 Money bills or other financial bills can be reserved after they are passed by the legislature of the
State for the consideration of the President.

Criticism of the Emergency Provisions

 The federal character of the constitution is destroyed in case of an emergency.
 The powers of the state are entirely concentrated in the hands of the union executive and the
president may become a dictator.
 The financial autonomy of the state gets nullified.
 Fundamental rights are suspended and may become meaningless which destroys the democratic
foundation of the constitution.

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