Emergency Provisions

• The Emergency provisions are inserted in Part XVIII (Articles 352 to 360).
• These provisions give powers to the Central government to face abnormal situation effectively.
• During an Emergency, the Central government becomes powerful and controls the states
• A proclamation of national emergency may be applicable to the entire country or only a part of it.
• The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India

Three types of emergencies:

1. National Emergency (Article 352) - due to war, external aggression or armed rebellion.
2. President’s Rule / State Emergency’ or ‘constitutional Emergency (Article 356)- due to the failure of the constitutional machinery in the states.
3. Financial Emergency (Article 360) - due to a threat to the financial stability of India

National Emergency (Article 352):

• The President can declare a national emergency. .
• War or external aggression - External Emergency.
• Armed rebellion (substituted for ‘internal disturbance’ by the 44th Amendment Act of 1978 ) - Internal Emergency.

1. The President can proclaim a national emergency only after receiving a written recommendation from the cabi-net (The 44th Amendment Act of 1978).
2. The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue.
3. After approved by the Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.
4. Continuance of emergency must be passed by Parliament by a special majority.
5. Emergency will be revoked by the President and not require the parliamentary approval.

Effects of National Emergency

1. Effect on the Centre-state relations,
2. Effect on the life of the Lok Sabha and State assembly, and
3. Effect on the Fundamental Rights.

• During National Emergency the life of the Lok Sabha may be extended beyond its normal term (five years) by a law of Parliament for one year at a time (for any length of time).
• The Parliament may extend the normal tenure of a state legislative assembly (five years) by one year each time (for any length of time) during a national emergency.
• Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19.
• Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
• The National Emergency has been proclaimed three times so far–in 1962, 1971 and 1975.
• In October 1962 on account of Chinese aggression in the NEFA (North-East Frontier Agency–now Arunachal Pradesh).
• The second proclamation of national emergency was made in December 1971 in the wake of attack by Pakistan.
• The third National Emergency was made in June 1975. Both the second and third proclamations were revoked in March 1977.
• The first two proclamations (1962 and 1971) were made on the ground of ‘external aggression’, while the third proclamation (1975) was made on the ground of ‘internal disturbance’.

President’s Rule / State Emergency’ or ‘constitutional Emergency (Article 356)

• A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
• After approved by both the Houses of Parliament, the President’s Rule continues for six months. It can be extended for a maximum period of three years, with the approval of the Parliament, every six months.
• The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year.

Impacts of President's Rule

• He can take up the functions of the state government and powers vested in the governor /executive authority.
• He can authorize the Parliament to use powers of the state legislature.
• During the President’s Rule, the President dismisses the state council of ministers headed by the chief minister.
• So far, the President’s Rule has been imposed on more than 125 occasions.
• The President’s Rule was imposed for the first time in Punjab in 1951.

Financial emergency

• Article 360 empowers the president to proclaim a Financial Emergency.
• A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
• Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.
• A proclamation of Financial Emergency may be revoked by the president at anytime by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.
• No Financial Emergency has been declared so far, though there was a financial crisis in 1991.