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.