Articles 352, 356, and 360

Overview

  1. Emergency provisions in the Indian Constitution are detailed in Part XVIII (Articles 352 to 360).
  2. These provisions empower the central government to tackle exceptional situations.
  3. There are three types of emergencies under Articles 352, 356, and 360: National Emergency, State Emergency, and Financial Emergency, respectively.

1. National Emergency (Article 352)

  1. Article 352 allows the President to declare a National Emergency on the grounds of war, external aggression, or armed rebellion.
  2. The term "armed rebellion" replaced "internal disturbances" through the 44th Amendment Act of 1978.
  3. A written recommendation from the Union Cabinet is mandatory for proclamation.
  4. The initial duration is six months, extendable indefinitely with parliamentary approval every six months.
  5. Fundamental Rights under Article 19 are automatically suspended during this emergency.
  6. The Union government can legislate on subjects in the State List.
  7. Three National Emergencies have been declared: in 1962 (India-China war), 1971 (India-Pakistan war), and 1975 (internal disturbances).

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

  1. Article 356 provides for imposing President’s Rule in a state when its governance cannot function per the Constitution.
  2. The state’s Governor recommends this emergency to the President.
  3. The state legislature is either dissolved or suspended, and the central government assumes executive authority.
  4. Initially valid for six months, it can be extended up to three years with parliamentary approval every six months.
  5. Extension beyond one year requires a national emergency to be in operation or a report from the Election Commission.
  6. This provision has been criticized for political misuse, such as its frequent use during the 1970s and 1980s.

3. Financial Emergency (Article 360)

  1. Article 360 permits the President to declare a Financial Emergency if the financial stability or credit of India is threatened.
  2. No parliamentary approval is required after the initial proclamation.
  3. It empowers the President to:
    • Direct states to observe financial discipline.
    • Reduce the salaries of government officials, including judges of the Supreme Court and High Courts.
    • Require parliamentary approval for state financial bills.
  4. No Financial Emergency has been declared in India so far.

General Implications

  1. During emergencies, the federal structure is temporarily overridden, centralizing power with the Union government.
  2. Judicial review ensures that emergency provisions are not misused.
  3. The 44th Amendment Act introduced safeguards to prevent arbitrary use, such as requiring a written recommendation of the Union Cabinet.
  4. Emergency provisions play a crucial role in preserving the unity, integrity, and security of the nation during crises.
  5. However, their misuse, as seen during the 1975 Emergency, highlights the need for vigilance and accountability.
Category
Emergency Provisions
Indian Polity and Governance
Which article of the Constitution deals with the proclamation of a National Emergency?
Under Article 352, a National Emergency can be declared in cases of which situations?
What is the time limit within which a proclamation of National Emergency must be approved by Parliament?
Which article allows for the imposition of President's Rule in a state?
How long can President's Rule under Article 356 initially remain in force?
Article 360 deals with which type of emergency?
What is the maximum time limit for Parliamentary approval of a proclamation under Article 360?
During a National Emergency, which article allows suspension of fundamental rights under Article 19?
What happens to the legislative powers of states during a National Emergency?
Who advises the President on the proclamation of a Financial Emergency?
Which body is responsible for approving a proclamation under Article 356?
What majority is required in Parliament to approve a proclamation under Article 352?
How many times has Article 360 (Financial Emergency) been used in India?
During a National Emergency, the term of the Lok Sabha can be extended for how long at a time?
What is the maximum period for which President's Rule can remain in force with periodic Parliamentary approval?
During a Financial Emergency, the salaries of which officials can be reduced?
Which article allows the President to suspend the enforcement of fundamental rights during emergencies?
Under Article 356, what happens to the state legislature during President's Rule?
Which organ of the government can challenge the validity of a proclamation under Article 352?
What is required to extend President's Rule beyond one year?
Under which circumstances can a National Emergency be revoked?
During a National Emergency, the Union government can legislate on matters in which list?
Which article ensures that state laws are not overridden during a National Emergency?
Who has the authority to declare a National Emergency under Article 352?
Article 356 is often referred to as which type of emergency?
What is the role of the Finance Commission during a Financial Emergency?
During a Financial Emergency, the President can direct states to observe what measures?
Article 358 applies to the suspension of which fundamental right during a National Emergency?
How does Article 360 affect the fiscal autonomy of states?
What is the role of the Governor during the imposition of Article 356?