The Indian Constitution features distinctive emergency provisions that transform a Federal Government into a Unitary Government under specific circumstances.
These emergency provisions are outlined in Part XVIII, spanning Articles 352 to 360 of the Indian Constitution, with emergency powers vested in the Union Executive. Their purpose is to empower the Central Government to effectively address abnormal situations.
Incorporated into the Constitution to safeguard the sovereignty, unity, integrity, and security of the country, as well as the democratic political system and the Constitution, these provisions are crucial elements.
Constitutional Provisions
- Constitutional Provisions delineate that the President has the authority to declare three types of emergencies:
- National Emergency (Article 352): Declared when the security of India or a part of it is threatened by war, external aggression, or armed rebellion.
- President’s Rule or State Emergency or Constitutional Emergency (Article 356): Declared in case of the failure of constitutional machinery in the states.
- Financial Emergency (Article 360): Declared due to issues about the financial stability or credit of India or any part of the territory.
National Emergency
- Article 352 addresses the declaration of a National Emergency, which occurs in the event of war, external aggression, or armed rebellion threatening the entire country or a part thereof.
- The President can proclaim an emergency even before the actual occurrence of war, external aggression, or armed rebellion, provided there is an inevitable danger.
- When declared due to war or external aggression, it is termed an External Emergency, while for armed rebellion, it is known as an Internal Emergency. The President can subsequently revoke such a proclamation.
- The applicability of a National Emergency may extend to the entire country or only a specific part, a provision introduced by the 2nd Amendment Act of 1978.
- Prior to the 4th Constitutional Amendment Act of 1978, the proclamation could be issued on grounds of war, external aggression, or internal disturbances.
- The term “internal disturbances” was replaced with “armed rebellion” to prevent executive misuse.
- The 44th Amendment Act of 1978 mandated that the President can declare an emergency only on the written advice of the Cabinet, eliminating the earlier provision where it could be based on oral advice from the Prime Minister.
- While the 38th Amendment Act of 1975 initially made the declaration of a National Emergency immune from judicial review, this provision was later deleted by the 44th Amendment Act of 1978.
- The declaration under Article 352 is now subject to judicial review, with its constitutionality challengeable on grounds of Malahide, as established in the Minerva Mills Case in 1980.
Parliamentary Approval and Duration
- For parliamentary approval and duration, every proclamation, except the first, requires approval from both Houses of Parliament within one month.
- It must be passed by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting.
- If not approved, it ceases to be in operation after one month. Approved proclamations remain in force for six months unless revoked earlier.
- If the Lok Sabha is dissolved, the Rajya Sabha can approve or extend the proclamation.
- Periodical parliamentary approval, introduced by the 44th Amendment Act of 1978, allows reapproval any number of times but not beyond six months at a time.
Revocation of the proclamation
- Revocation of the proclamation can occur through a subsequent proclamation by the President during the emergency, and Parliament’s ratification is not required. However, if the Lok Sabha disapproves with a simple majority, the President must revoke the emergency, as per the 44th Amendment Act.
- Lok Sabha holds the power to disapprove the National Emergency at any time if at least 1/10th of its members issue a notice to the President.
- In case of no session, a special sitting must be held within 14 days for consideration. This provision was added by the 44th Amendment Act.
Effects of the Proclamation of Emergency:
- The effect of a proclamation of emergency can be studied under the following heads.
Effect On Union-State Relations:
- The proclamation of emergency on Union-State relations is based on the following relations:
Executive Relations:
- During the emergency, the center gains the authority to issue directions to the states on all matters, unlike normal times when it is limited to specific areas like communication and railway protection.
- This shift transforms the administration into a unitary system, placing State Governments under complete control of the center.
Legislative Relations:
- Parliament, during a proclamation of emergency, can legislate on subjects listed under the State List.
- State Legislatures continue to function but are subject to the overriding powers of Parliament.
- Laws enacted by Parliament on state subjects during a National Emergency become inoperative six months after the emergency ends.
- The President can issue ordinances on state subjects if Parliament is not in session.
- Laws passed during an emergency may apply to any state, not just the one where the emergency is declared.
- Parliament can extend the life of the Lok Sabha beyond the emergency’s cessation.
Financial Relations:
- The President, during a National Emergency, may modify the Constitution’s provisions concerning the distribution of financial resources between the Centre and States.
- The President’s order is effective only for the financial year when the emergency ceases and requires Parliament’s approval.
Effect on Lok Sabha and State Assembly:
- The term of the Lok Sabha may be extended by Parliament for one year at a time, beyond its normal five-year term, during a National Emergency. However, this extension cannot last more than six months after the emergency ends.
- Similarly, Parliament may extend the normal tenure of a State Legislative Assembly (five years) by one year each time, subject to a maximum period of six months after the Emergency has ended.
National Emergencies Declared in India:
- India has witnessed three National Emergencies: in 1962 during the Chinese aggression, withdrawn in 1968; in 1971 during the Pakistan invasion, withdrawn in 1977; and in 1975 due to internal disturbance, withdrawn in 1977.
- The actions taken during the third emergency faced criticism.
Effect On Fundamental Rights:
- Article 358: Upon the issuance of a proclamation of emergency based on war or external aggression (excluding armed rebellion), Article 19 automatically suspends the six Fundamental Rights enumerated under it.
- Article 359: Under the President’s authority, Fundamental Rights, excluding Articles 20 and 21, may be suspended during an emergency declared due to war, external aggression, or armed rebellion.
Effect on Suspension of Fundamental Rights:
- During an emergency proclamation, no restrictions are imposed on states by Article 19. States can enact laws or abridge Fundamental Rights under Article 19, related only to the emergency, without facing court challenges for inconsistency.
- Upon the expiration of a National Emergency, Article 19 is automatically reinstated.
- After the 44th Amendment Act, Article 19 is suspended only in emergencies based on war or external aggression, not armed rebellion. No remedy exists for actions taken during the emergency, limited to emergency-related laws.
- Under Article 359, the President can suspend the right to move any court for the enforcement of Fundamental Rights during an emergency, as specified in the Presidential Order.
- This suspension can be for a shorter or entire emergency duration, applicable to the entire country or specific parts.
- While a Presidential Order is in effect, the state can pass laws or take executive actions abridging or eliminating the suspended Fundamental Rights. No remedy exists for actions taken during the order’s operation, even after its cessation.
- Provisions added by the 44th Amendment Act include the inability to suspend the right to move the court for the enforcement of Fundamental Rights under Articles 20 to 21 during an emergency. Protection is limited to emergency-related laws and actions taken under them.
Differences between Articles 358 and 359:
Article 358:
- Limited to Fundamental Rights under Article 19.
- Article 358 operates only in cases of External Emergency.
- Article 358Automatically suspends Fundamental Rights under Article 19 for the entire emergency duration.
Article 359:
- Extends to all Fundamental Rights suspended by the Presidential Order.
- Article 359 operates in both External and Internal Emergencies.
- Article 359 does not automatically suspend any Fundamental Rights; it empowers the President to suspend specific Fundamental Rights.
President’s Rule or State Emergency (Article 356):
- President’s Rule can be proclaimed under Articles 355, 356, and 365.
- Article 355 mandates the Union’s duty to protect every state against external aggression and internal disturbance, ensuring government adherence to the Constitution.
- Article 356 allows the President to proclaim if satisfied that the state’s government cannot operate according to constitutional provisions, especially in cases of Constitutional Emergency or failure of the state government.
- Article 365 and Parliamentary Approval: Article 365 empowers the President to deem a situation arisen when a state fails to comply with the Centre’s direction, leading to an inability to govern according to the Constitution.
Parliamentary Approval and Duration:
- A proclamation imposing the President’s Rule must be ratified within two months by both Houses of Parliament.
- If issued during Lok Sabha dissolution, it remains effective until 30 days from the first sitting following reconstitution if Rajya Sabha approves.
- The President’s Rule is initially effective for six months, extendable for three years with Parliament’s approval every six months.
- If the Lok Sabha dissolves within six months without approval, it survives until 30 days from its reconstitution.
- A subsequent proclamation can revoke or vary the original, with revocation within one year unless extended by Parliament.
- The 44th Amendment Act (1978) limits extension to three years if a national emergency under Article 352 operates during the resolution’s passage or if the Election Commission certifies the necessity due to election difficulties.
Effects of Imposition of President’s Rule:
- During a State Emergency, the President assumes executive power, directly managing state administration or appointing a designated person.
- The State Assembly is either dissolved or suspended, with no loss of membership for MLAs, and no elections held during this period.
- The President cannot alter the High Court’s powers or suspend constitutional provisions related to it.
- Parliament may legislate for the state and authorize the President to delegate this power to a specified authority.
- If the Lok Sabha is not in session, the President can authorize expenditure from the Consolidated Fund of the State.
- The President issues ordinances, and during State Emergency, the High Court operates independently without curtailed powers
- In a State Emergency, the Union Government takes full control of state administration, excluding the judiciary. This form of emergency is termed President’s Rule, as the state administration operates primarily under the President’s name.
- Any legislation enacted by the President, Parliament, or any designated authority remains in effect beyond the period of the President’s Rule and is not confined to the duration specified in the proclamation. The State Legislature retains the power to repeal, amend, or modify such legislation.
Difference between Articles 352 and 356
| Aspect | Article 352 | Article 356 |
| Triggering Conditions | War, external aggression, or armed rebellion | Failure of constitutional machinery in a state |
| State Functioning | Executive and legislature continue to function | State Executive dismissed, State Legislature suspended/dissolved |
| Powers Assumed by Centre | None | Executive and legislative powers assumed by the Centre |
| Impact on States | Changes the relationship with all states | Affects the relationship with the specific state in question |
| Proclamation Approval | Initial approval within a month, no upper limit | Parliament approval within two months, renewable every six months; can last up to three years |
| Effect on Fundamental Rights | Affects Fundamental Rights of citizens | No effect on the Fundamental Rights of citizens |
| Revocation Mechanism | Lok Sabha can pass a resolution for revocation | President’s decision for revocation, no parliamentary provision |
Article 356 and Judicial Review
- In the SR Bommai Case (1994), the Supreme Court established that the President’s authority to issue an emergency proclamation is subject to judicial review within the confines of the court’s powers.
- The proclamation of President’s Rule, while subject to judicial scrutiny, requires the President’s satisfaction to be grounded in relevant material.
- The court’s role is not to assess the accuracy or sufficiency of evidence but to ascertain its relevance to the case.
- If the court deems the Presidential proclamation unlawful and unconstitutional, the State Government, along with the State Legislative Assembly (if suspended or dissolved), can be reinstated.
- Dissolution of the State Legislative Assembly should only occur after Parliament authorizes the Presidential Proclamation.
- The confidence of the Legislative Assembly in the State Government should be determined on the House floor.
- A victorious federal political party cannot dismiss ministries formed by other parties even if it secures a majority.
Financial Emergency
- Article 360 power is considered exceptional and should be sparingly employed to address specific and extraordinary situations.
- In the context of a Financial Emergency (Article 360), the President can declare a threat to India’s financial stability or credit, leading to the transfer of executive and legislative powers to the Centre.
- Notably, Article 360 has never been invoked to date.
- According to the 38th Constitutional Amendment Act of 1975, the President holds the authority to declare a financial emergency, and this decision is deemed final and conclusive without any scope for judicial questioning.
- However, the 44th Constitutional Amendment Act of 1978 eliminated this provision, indicating that the President’s satisfaction is subject to judicial review.
Parliamentary Approval and Duration of Operation:
- The proclamation of a Financial Emergency must gain approval from both Houses of Parliament within two months of its issuance.
- If the Lok Sabha is dissolved at the time of the proclamation, approval by the Lok Sabha is required within 30 days of its reconstitution, provided the Rajya Sabha has previously approved it.
- Once both Houses approve it, the Financial Emergency persists indefinitely until revoked, and repeated parliamentary approval is unnecessary.
- A resolution approving the proclamation can be passed by either House with a simple majority (a majority of members present and voting).
Effects of Financial Emergency:
- During a Financial Emergency, the executive authority of the Centre extends to issuing directions deemed necessary by the President.
- Critics, including Dr. BR Ambedkar, acknowledged the potential for misuse while defending these emergency provisions.
- HN Kunzru expressed concerns about the threat to the financial autonomy of states, while Sir Alladi Krishnaswami Ayyar deemed them as vital to the Constitution.
Punchhi Commission on Emergency Provisions:
- The Punchhi Commission advocated amending Articles 365 and 356 to empower the Centre to govern specific troublesome areas for a limited period.
- To prevent misuse, it proposed localizing emergency provisions, suggesting that localized areas, such as a district, be placed under the Governor’s Rule instead of the entire state, with a duration not exceeding three months.
Prelims Facts
- The maximum period for which President’s Rule can be imposed is [UPPSC (Pre) 1992].
- Three years [UPPSC (Mains) 2009, 2014, Karnataka PSC (Pre) 2014].
- President’s Rule is mainly imposed on whose advice in the state? [IPSC (Pre) 1997].
- According to Article 352, a National Emergency in India can be declared on which grounds? [HPSC (Pre) 2023].
- War, External Aggression, Armed Rebellion [MPPSC (Pre) 2013].
- The amendment introduced during the first imposition of President’s Rule under Article 356 was [PEPSU ICGPSC (Pre) 20201].
- Under which article can the President declare a National Emergency in India? [BPSC (Pre) 2011].
- As of October 2022, the number of times the President’s Rule has been imposed in Manipur is [CGPSC (Pre) 2020]. 10 times.
- Under which article can the President suspend the enforcement of Fundamental Rights (except Articles 20,21)? [UPPSC (Mains) 2008].
- The number of times a Financial Emergency has been declared in India so far is [UPPSC (Pre) 2006].
- The article of the Indian Constitution stating that ‘It shall be the duty of the Union to protect every state against external aggression and internal disturbance’ is [UP Lower 2015].
- The provision for the imposition of financial emergency is specified in which article? [UPPSC (Pre) 2001, 2003].
- During a proclamation of emergency, the right to move a court for the enforcement of all Fundamental Rights remains suspended, except for [UPPSC (Mains) 2009, UPPSC (Pre) 2015].
- The proclamation of emergency must be placed before Parliament for approval within [UPPSC (Pre) 2004].
- During a National Emergency, the term of the House of people can be extended until the emergency lasts, but only by [UPPSC (Pre) 2010].
- Grounds for the proclamation of emergency under the Constitution of India include [UPPSC (Pre) 2016].
- The time limit for Parliament to ratify an emergency period is [UPPSC (Mains) 2003].
- The article of the Indian Constitution that has never been implemented into action is [UK UDA/LDA (Pre) 2007].
- Under which article can the President’s Rule be imposed in a state? [UPPSC (Mains) 2016, APSC (Pre) 2018].
- A proclamation of Financial Emergency issued shall cease to operate at the expiration of two months unless it is approved by the resolution of [IAS (Pre) 2007].
UPSC NCERT Practice Questions
1. On whose satisfaction, period of emergency shall be extended for operation in case, security of India or any part of the Indian Territory is threatened?
(a) Prime Minister
(b) Home Minister
(c) President of India
(d) Vice-President of India
2. In case of proclamation of emergency on the grounds of war or external aggression, which of the following is incorrect?
1. All Fundamental Rights will be automatically suspended.
2. The right to move a court for enforcement of any Fundamental Right is suspended.
3. The President may order the suspension of enforcement of any Fundamental Right except Articles 20-21.
4. The Parliament may authorise suspension of all Fundamental Rights.
Select the correct answer by using the codes given below.
(a) 1, 3 and 4
(b) 1, 2 and 4
(c) 2, 3 and 4
(d) All of these
3. An emergency under Article 352 of the Constitution of India can be declared only during
(a) war, external aggression or internal disturbance.
(b) war, external aggression or armed rebellion
(c) failure of constitutional machinery in the state.
(d) financial instability in the country.
4. Which one of the following extraordinary powers, the Indian Constitution provides to the Centre to deal with an emergency arising out war, external aggression or armed rebellion? MPSC (Pre) 2013
1. Centre can modify the provisions relating to the distribution of revenue between the Centre and the States.
2. Centre can give directions to any State as to the manner in which its executive powers are to be exercised.
3. Parliament can make laws with respect to any matter enumerated in the state list.
4. Centre can order the reduction of salaries of state employees, including the Judges of High Court.
Select the correct answer by using the codes given below.
(a) 1, 3 and 4
(b) 1, 2 and 4
(c) 1, 2 and 3
(d) 2, 3 and 4
5. What is correct about External Emergency as per Article 352 ? CGPSC (Pre) 2017
1. It is proclaimed by the President.
2. It should be approved by Parliament within two months.
3. It should be approved by Parliament within one month.
4. It should be approved by Parliament by simple majority.
5. It should be approved by two-third majority of Parliament.
6. It can be revoked by simple majority of Parliament.
7. It can be revoked by two-third majority of Parliament.
8. It can be approved in joint session of Parliament.
Codes
(a) 1, 2, 3 and 8
(c) 1, 3, 5 and 6
(b) 1, 3, 6 and 8
(d) 1, 4, 7 and 8
(e) None of these
6. Consider the following statements regarding the proclamation of emergency under Article 352. MPSC Pre 2017
1. It automatically comes to an end on the expiry of one month from its issue, unless it is approved by a resolution of the Lok Sabha before the expiry of that period.
2. The President is empowered to proclaim emergency only if the Council of Ministers recommends to him in writing that such a proclamation should be issued.
Which of the following statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
7. Which one of the following cannot be suspended or restricted even during National Emergency ?
(a) Right to reside and settle in any part of the country.
(b) Right to life and personal liberty right.
(c) Right to move freely throughout the Territory of India.
(d) Right to carry on any profession or business.
8. Consider the following statements.
1. The life of the Lok Sabha can be extended by only one year during emergency.
2. The life of State Legislative Assembly can be extended by any length of time during emergency.
3. The extended life of the Lok Sabha cannot beyond six months after the emergency has been discontinued.
Which of the statement (s) given above is/are correct?
(a) 1 and 2
(b) Only 2
(c) 1 and 3
(d) 2 and 3
9. Consider the following statements.
1. Proclamation of emergency must be approved by the Parliament within three months of its proclamation.
2. If approved by the Parliament, the emergency continues for six months.
3. Emergency shall be revoked by the President when the Lok Sabha passes a resolution disapproving the continuance of emergency.
Which of the statement (s) given above is/are correct?
(a) Only 1
(b) 1 and 3
(c) 2 and 3
(d) All of the above
10.Which one of the following statements about emergency provisions under the Constitution of India is not correct?
(a) The powers of the Union Executive extend to giving directions to the states concerning the exercise of their powers.
(b) The Union Executive can issue a provision relating to reduction of the salaries of employees of the State Governments.
(c) Governors have no emergency powers like the President of India.
(d) If the Governor of a State is satisfied that a situation has arisen whereby the financial
stability or credit of the state is threatened, he may declare Financial Emergency in the state.
11. if the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular state, then IAS (Pre) 2018
(a) the Assembly of the State is automatically dissolved.
(b) the power of the Legislature of the State shall be exercisable by or under the authority of the Parliament.
(c) Article 19 is suspended in that state.
(d) the President can make laws relating to the state.
12.Which of the following are not necessarily the consequences of the proclamation of the President’s Rule in a state? IAS (Pre) 2017
1. Dissolution of the State Legislative Assembly
2. Removal of the Council of Ministers in the state
3. Dissolution of the local bodies
Codes
(a) 1 and 2
(b) 1 and 3
(c) 2 and 3
(d) All of the above
13. Consider the following statements.
1. The imposition of the President’s Rule is subject to judicial review.
2. The burden lies on the Centre to justify the imposition of the President’s Rule.
3. State Government pursuing anti-secular politics is liable to action under Article 356.
Which of the statement (s) given above is/are correct?
(a) Only 1.
(b) 2 and 3
(c) 1 and 2
d) All of these
14. Consider the following statements regarding Article 356 of the Constitution. RAS/RTS (Pre) 2013
1. Failure of constitutional machinery in states is an objective reality.
2. A proclamation under this Article can be reviewed by Supreme Court.
3. Alongwith this proclamation, State Legislative Assembly can be dissolved.
4. This proclamation has to be approved by each House of Parliament within two months.
Which of the statement (s) given above is/are correct?
(a) 1, 2 and 4
(b) 1, 2 and 3
(c) 3 and 4
(d) 2, 3 and 4
Know the Answers:
1. (c); 2.(c); 3. (b); 4. (b); 5. (c); 6. (c); 7. (d); 8. (b); 9. (c); 10. (d); 11. (b); 12. (b); 13. (d); 14. (d)
Frequently Asked Questions (FAQs)
Q1: What are the emergency provisions in the Indian Constitution?
A1: The Indian Constitution provides for three types of emergencies: (a) National Emergency under Article 352, (b) State Emergency (President’s Rule) under Article 356, and (c) Financial Emergency under Article 360. These provisions empower the President to take extraordinary measures in times of crisis, ensuring the smooth functioning of the country.
Q2: How is a National Emergency declared, and what are its implications?
A2: A National Emergency can be declared by the President if he/she is satisfied that the security of India or any part thereof is threatened by war or external aggression or armed rebellion. The proclamation must be laid before both houses of Parliament and must be approved within one month. During a National Emergency, the President has the power to suspend fundamental rights, and the federal structure may be altered to a unitary one, giving more authority to the central government.
Q3: What is the significance of State Emergency (President’s Rule) in Indian polity?
A3: State Emergency, commonly known as President’s Rule, is imposed when the President receives a report from the Governor of a state or otherwise is convinced that the government in a state cannot be carried on by the provisions of the Constitution. The state legislature is either dissolved or kept in suspended animation, and the Governor, appointed by the President, assumes the powers of the state government. President’s Rule is a measure to address constitutional breakdown or failure in the governance of a state. However, it is a temporary provision, and normal governance is restored at the earliest.
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