Types: National, state, and financial emergencies

  1. The Emergency Provisions in the Indian Constitution are covered under Part XVIII (Articles 352 to 360).
  2. These provisions enable the central government to meet exceptional circumstances affecting the nation.
  3. There are three types of emergencies: National Emergency, State Emergency (President's Rule), and Financial Emergency.

1. National Emergency (Article 352)

  1. A National Emergency can be proclaimed by the President on grounds of war, external aggression, or armed rebellion.
  2. It must be based on the written recommendation of the Union Cabinet.
  3. Initially, it can last for six months and can be extended indefinitely by parliamentary approval every six months.
  4. During a National Emergency, the Fundamental Rights under Article 19 are automatically suspended.
  5. The Parliament can make laws on subjects in the State List.
  6. Executive powers of the Union extend to giving directions to states.
  7. Three National Emergencies have been declared in India: in 1962 (China war), 1971 (Pakistan war), and 1975 (internal disturbances).

2. State Emergency (President’s Rule) (Article 356)

  1. A State Emergency, commonly known as President’s Rule, is declared if the governance of a state cannot be carried out in accordance with the Constitution.
  2. It is imposed based on a report from the state’s Governor or otherwise.
  3. During this emergency, the state government is dismissed, and the administration is taken over by the President.
  4. The legislature of the state is either dissolved or suspended.
  5. The Parliament assumes the powers to legislate for the state.
  6. It is initially valid for six months and can be extended for a maximum of three years, subject to parliamentary approval every six months.
  7. This provision has been widely criticized for its misuse for political reasons.

3. Financial Emergency (Article 360)

  1. A Financial Emergency can be proclaimed if the financial stability or credit of India is threatened.
  2. The President can declare it on the recommendation of the Council of Ministers.
  3. It remains in force until it is revoked by the President, and no parliamentary approval is needed after the initial declaration.
  4. During this emergency, the President can direct states to observe financial propriety.
  5. Salaries of government officials, including judges of the Supreme Court and High Courts, can be reduced.
  6. All financial and money bills passed by the state legislatures are subject to the approval of the President.
  7. No Financial Emergency has been declared in India to date.

General Provisions

  1. While emergency powers ensure the nation’s safety, they also concentrate power in the executive.
  2. The imposition of emergency affects the federal structure by centralizing power.
  3. The 44th Amendment Act of 1978 made it difficult to declare a National Emergency by replacing "internal disturbances" with "armed rebellion".
  4. The emergency declaration is subject to judicial review.
  5. Emergency provisions are vital for maintaining the unity and integrity of the country but must be used judiciously.
  6. The misuse of emergency powers during the 1975 Emergency highlighted the need for checks and balances.
  7. The emergency provisions signify a balance between democracy and the need for a strong government during crises.
Category
Emergency Provisions
Indian Polity and Governance
Which article of the Constitution provides for the proclamation of a National Emergency?
What majority is required in Parliament to approve the proclamation of a National Emergency?
During a National Emergency, the fundamental right under which article is automatically suspended?
How long can a National Emergency initially last after proclamation?
Under Article 356, what is imposed when the constitutional machinery in a state fails?
What is the maximum period for which a State Emergency (President's Rule) can remain in operation?
Which body must approve the imposition of President's Rule in a state?
Article 360 relates to which type of emergency?
How many times has a Financial Emergency been proclaimed in India?
Which of the following is a ground for the proclamation of a National Emergency?
What happens to the Lok Sabha if a National Emergency is in force?
Who has the power to proclaim a National Emergency?
During a State Emergency, the powers of the state legislature are exercised by whom?
What is the maximum time limit for approval of a Financial Emergency by Parliament?
Under which article can a state request for financial assistance during a Financial Emergency?
During a National Emergency, the Union government can legislate on matters in which list?
Which body can challenge the validity of a National Emergency in court?
What is the role of the Rajya Sabha in approving a proclamation of National Emergency?
Who advises the President to impose President's Rule in a state?
During a Financial Emergency, what can the President do with respect to salaries of government employees?
Which fundamental right cannot be suspended during a National Emergency?
What happens to the federal structure of India during a National Emergency?
Who has the power to revoke a National Emergency?
Under Article 356, what happens to the Council of Ministers in a state?
What is required for extending President's Rule beyond one year?
Can fundamental rights be suspended during a Financial Emergency?
What is the role of the Finance Commission during a Financial Emergency?
During a National Emergency, the President can modify the distribution of which resources?
Under Article 356, what happens to the state budget?