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.