ALL ABOUT EMERGENCY ACT

• A state of emergency in India refers to a period of governance that

can be proclaimed by the President of India during certain crisis
situations. Under the advice of the cabinet of ministers, the President
can overrule many provisions of the Constitution, which
guarantees Fundamental Rights to the citizens of India.

• The emergency provisions are contained in Part XVIII of the

Constitution of India, from Article 352 to 360.

• Our constitution stipulates the following type of emergencies:

1.National Emergency
2.Constitutional Emergency
3.Financial Emergency
There are three incidences when emergencies where declared across
the country. They were due to
1. India-China War ,1962
2. India-Pakistan war,1971
3. Internal and External disturbances

From the framing of constitution till today, the provision of Emergency has
always been a topic of debate.
Emergency has its own advantages and disadvantages. So lets understand
both the facets of the provision of Emergency.
PROs:
• The given provision strengthens the rule of government during war
time situations or any external pressure/aggression
For eg: Indo-China war,1962
• Strengthening government helps in smooth implementation of rules
and regulations and also govt policies.
For eg: Economic growth during 1975-77 emergency
• Country gets more secured
For eg: Indo-Pak war,1971
 CONs:

• Emergency provision disturbs the federal system provided in the

constitution.
Eg: Union govt getting control over all the states.

• There is no room for fundamental rights for during emergency

situation
Eg: No freedom of speech for people.

• Misuse of power
Eg: Mass Steralisation during 1975-77 emergency.

Conclusion:
The emergency provision primarily impacts the nation’s territorial system
and makes it majoritarian, thus seeking to defend the needs of the
community and the individual. While recognizing the need for it, we agree
that a check-and-balance mechanism can also be placed in place such that,
unlike the 1975 emergency, the governing party and the executive cannot
abuse authority.