Emergency Provisions

The Indian Constitution gives President the authority to declare three types of emergencies: National
Emergency, State Emergency and Financial Emergency. Emergency provisions in India are borrowed
from Weimar Constitution of Germany. Constitution of India envisages emergency of following three
types:
 Article 352- National Emergency
 Article 356-Emergency in state ( president’s rule)
 Article 360- Financial Emergency
National Emergency
 Under article 352, if the president is satisfied that there exists a grave situation, wherein the security of
the country is threatened on the grounds of wars, external aggression or armed rebellion, he can proclaim
emergency to that effect.
 Emergency can be declared over the complete territory of India or any part thereof.
 President can declare emergency only on the written advice of the cabinet
 A special majority is required to approve an emergency resolution.
 Once approved, emergency shall operate for a maximum period of not more than six months.
 Lok Sabha has the power to disapprove the operation of national emergency at any time, if not less than
1/10th members of Lok Sabha in writing to the speaker, if house is in session, or to the president, then
speaker or president as the case may be, shall convene a special session of Lok Sabha within 14 days
and if such a resolution is passed, president shall revoke national emergency.
Amendments
 38th Constitutional Amendment Act 1975: It empowered president to proclaim national emergency on
different grounds even though an emergency is already under operation
 42nd Constitutional Amendment Act 1976:
(i)It empowered president to modify or vary national emergency. Under the original constitution, only the
imposition or revocations were possible.
(ii) Under the original constitution, president could have imposed national emergency only over complete
territory of India. This amendment enabled him over a part of the country.

Grounds for Proclamation of Emergency

Before the 44th amendment to the Constitution of India, the following are the grounds under which the
President can proclaim emergency.

 War
 External Aggression
 Internal Disturbance
However, the term Internal Disturbance is too vague and might also include political agitations in the
country. Hence, the 44th amendment replaced this with armed rebellion. After the 44th amendment the
following are the grounds under with a National Emergency can be proclaimed by the President.
War
When a violent struggle between two countries with the use of armed forces. It also includes when a
country has made a formal declaration of a war against India.
External Aggression
External aggression has wide meanings. It covers unilateral attacks with force by one state against
another State without a formal declaration of war. As long as the other State has not answered with
similar hostile attacks, it can be constituted an external aggression.
 President’s Rule (State Emergency)
As per Article 355, it shall be the duty of the Union to protect every State against external aggression and
internal disturbance and to ensure that the Government of every State is carried on in accordance with
the provisions of this Constitution.
Under article 356, if president is satisfied on the report of governor or otherwise that there exist a great
emergency where the administration of the state cannot be continued in accordance with the provisions of
constitution, by invoking article 355, any person can dismiss state government and take over the state
administration on to himself and declare that parliament will enact law on behalf of state legislature.
Effects of President Rule (State Emergency)
 On Executive- State government is dismissed and the executive power of the state is exercised by the
centre.
 On Legislature- State legislature does not function to legislate; state legislative assembly is either
suspended or dissolved.
 On Financial relation- There is no impact on the distribution of financial resources between centre and the
state.
Amendments
1.42nd Constitution Amendment Act, 1976 extended the period of state emergency from 6 months to 1
year.
2. 44th Constitution Amendment Act, 1978 reverted back the operation of state emergency to 6 months.
Further it divided the maximum period of 3 years of operation into 1 year under ordinary circumstances
and 2 years under extra ordinary circumstances, for which the stipulated conditions shall have to be
satisfied.
Financial Emergency
Under article 360- If the President is satisfied that a situation has arisen whereby the financial stability or
credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a
declaration to that effect. This emergency is never imposed in India.
Effects
Suspension of Fundamental Rights
The first and foremost effect of an emergency is the suspension of the fundamental rights guaranteed by
Article 19 of the Indian Constitution. Under articles 358 and 359, the President of India can extend the
suspension of all fundamental rights except those mentioned in Articles 20 and 21.
Extension of Centre's Executive Power
The constitution empowers the Union to extend its executive power by giving directions to state.
(a) to give directions to the State (b) to make laws of the State
The executive power also extends to states where emergency is not in force, but are in relation to states
which the Proclamation of Emergency is in operation.
Parliament to legislate on State subjects
The law-making power of the State is not suspended, but the Parliament can amend laws which override
the state laws.
Extension of life of Lok Sabha
The President is empowered to extend the life of Lok Sabha by one year and can extend it six months
each time.