India is a federal country of “its own kind”. It acquires unitary features during an Emergency.

Due to this reason, Dr B.R Ambedkar called the Indian Federal system as unique because it
becomes entirely unitary during an Emergency. According to the Black Law’s Dictionary,
“Emergency is a situation which requires quick action and immediate notice as such a
situation causes a threat to the life and property in the nation. It is a failure of the social
system to deliver reasonable conditions of life” Emergency in hindi means “ आपातकालीन”
or ““Aapaatkaaleen”.

HISTORICAL CONTEXT
The Indian Constitution's emergency provisions, encompassing Articles 352, 356, and 360,
were established to address various challenges encountered during and after independence.
Pre-independence, issues like casteism, regionalism, and communal tensions threatened
national unity. Accession disputes with states like Kashmir posed territorial integrity
concerns. Post-independence, communist movements in Telangana and economic instability
further underscored the need for emergency measures. These provisions empower the
government to respond to national, state, and financial emergencies effectively. Article 352
allows for the declaration of a national emergency in cases of external aggression or internal
disturbance. Article 356 enables the central government to assume control of a state's
administration if the constitutional machinery breaks down. Article 360 allows for the
proclamation of a financial emergency in situations jeopardizing the country's financial
stability. Together, these provisions uphold democratic principles while ensuring stability in
times of crisis.

TYPES OF EMERGENCY IN THE INDIAN CONSTITUTION

The State may override the different individual freedoms in the presidential state of
emergency and enforce those federal standards in Section XVIII of the Constitution.

Article 352 to Article 360 of the Indian Constitution allows for emergency arrangements.

 National emergency (Article 352)

 State emergency (Article 356)
 Financial emergency (Article 360)

NATIONAL EMERGENCY

Article 352 of the Constitution stipulates national emergency. National emergency. The
national emergency coincides with statutory requirements to be enforced when an unusual
situation affects or threatens part of the nation’s harmony, defence, prosperity, and
administration.
In compliance with Article 352 of the Constitution, emergency implementation when
conditions preceding were also present-

(i) War: When a country declares a formal war against India and there is a violent struggle
using armed forces, the President of India may impose National emergency.

(ii) External Aggression: When a country attacks another country without any formal
declaration of war. It is a unilateral attack by any country towards India. In such
circumstances, the President of India may impose a National emergency.

(iii) Armed rebellion: Emergency due to the armed rebellion may be imposed by the
President of India when a group of people rebel against the present government which will
lead to the destruction of lives and property.

The word “Armed Rebellion” was substituted for “Internal Disturbance” by the Forty-fourth
Constitution Amendment Act, 1978.

National Emergency has been imposed three times in India so far. The time period in which
this happened was from 1962-1977. Brief description of the emergencies are as follows –

An emergency was imposed at the time of Indo-China war by the then President of India Dr
Sarvepalli Radhakrishnan on the ground of external aggression from October 26, 1962, to
January 10, 1968.

External Aggression means when a country attacks another country without any formal
declaration of war. It is a unilateral attack by any country towards another country. For
example – If a country attacks India without any formal declaration of war, in such a
scenario, the President of India may impose a National Emergency.

Again, an Emergency was imposed from December 3, 1971, to March 21, 1977, by the then
President of India Mr V.V. Giri during the Indo-Pakistan war. The reason was the same as
above i.e. external aggression.

The third Emergency was imposed due to a clash between Legislature and Judiciary. Mrs
Indira Nehru Gandhi, the then Prime Minister of India with the permission of the then
President Fakhruddin Ali Ahmed declared an emergency. It was imposed for a period of 19
months from June 25, 1975to March 21, 1977.

THE PROCEDURE OF PROCLAIMING EMERGENCY

The President of the country can make a statement, but there is just something that is already
provided for. Only if the Cabinet requests in writing that the President order quite an
emergency. The Houses of Parliament must, by an overwhelming vote, approve quite an
emergency declaration, and perhaps even the 2/3rd majority of the members present and
voting inside one month, or the declaration shall stop functioning.
“If Lok Sabha is abolished or would not be at an Emergency management meeting, it shall be
accepted in the month and subsequently in the month after the beginning of this next meeting
by Rajya Sabha. The emergency continues to exist six years after the date of declaration until
ratification by Parliament.” Which ought to be continued after six months, the Legislature
must enact another provisional decision. This proved to be an emergency forever.

In Minerva Mills vs Union of India, it has been held that there can be no bar to judicial
review of determining the validity of the proclamation of emergency issued by the President
under Article 352(1). The court’s powers are limited only to examining whether the
limitations conferred by the Constitution have been observed or not. It can check if the
satisfaction of President is on valid grounds or not. If the President is satisfied that grounds
for national emergency exist but the same is based on absurd, malafide or irrelevant grounds
then it won’t be considered that the President is ‘satisfied’.

PROCEDURE FOR REVOKING EMERGENCY

If the situation improves then the President can revoke the emergency through another
proclamation. The 44th Amendment of the Constitution provides that a requisition for the
meeting can be made by ten per cent or more members of the Lok Sabha and in that meeting;
it can disapprove or revoke the emergency by a simple majority. The emergency will
immediately become inoperative in such a case.

DURATION OF EMERGENCY

If approved by both houses of Parliament then National Emergency can continue for 6
months and it can be renewed by approval of Parliament after every 6 months.

But if the dissolution of Lok Sabha takes place in that 6 months and resolution for renewal of
National Emergency is under consideration then emergency exists till 30 days from the first
sitting of newly elected LS provided that it is approved by Rajya Sabha.

Until 44th amendment 1978, if Parliament approves proclamation of National Emergency

then it remains in operation on pleasure or desire of cabinet or executive.

Any of the above resolution related to proclamation or renewal of National Emergency must
be passed by both houses of Parliament by a special majority (i.e. the majority of the total
membership of that house or not less than 2/3rd of members present and voting). This
provision is added by 44th amendment 1978 and before that such resolution can be passed by
simple majority i.e. more than total members present and voting.
EFFECTS OF PROCLAMATION OF EMERGENCY

There are serious consequences, once emergency is proclaimed. It results in adverse effects
on the enforcement of fundamental rights of people. Consequences of proclamation of
emergency are explained below:

1) Executive

While a Proclamation of Emergency is in operation, Union can use its executive power to the
extent of giving directions to the State relating to the manner in which the executive powers
shall be exercised by the State. The Constitution (42nd Amendment) Act 1976 made a
consequential change in Article 353.

It states that the executive power of the Union to give directions and to make laws shall
extend to other States too apart from the state where an emergency has been proclaimed and
is in operation. The above-mentioned power shall be exercised if the security of India or any
part of its territory is threatened by the activities in the part of the territory of India in which
emergency has been proclaimed and is in operation.

In normal times, the power of the executive does not extend to giving such directions subject
to certain exceptions.

2) Legislative

When an emergency has been proclaimed, the Parliament shall have the power to legislate as
regards to State List (List II) as well. The emergency suspends the distribution of legislative
powers between the Union and State and not the state legislature.

3) Financial

The centre is empowered to alter the distribution of revenue between the Union and the
State.

While a Proclamation of Emergency is in operation, the President may, by order define the
financial arrangement between the State and the Union as provided by Articles 268 to 279.
Such order shall be laid before each House of Parliament and when the Proclamation of
Emergency ceases to operate, such order shall too come to an end.

4) Extension Life of Lok Sabha

The normal life of Lok Sabha can be extended while a proclamation of emergency is in
operation. Such an extension can be done by the Parliament for a period not exceeding one
year at a time and not beyond a period of six months in any case after the Proclamation has
ceased to operate.
5) Suspension of Fundamental Rights guaranteed by Article 19

Article 358 of the Indian Constitution provides for Suspension of fundamental freedoms
guaranteed to the citizens by Article 19 of the Indian Constitution.

It provides that when an emergency has been proclaimed and is in operation, the provisions
contained in article 19 shall not restrict the power of the State relating to the making of any
law or taking any executive action which abridges or takes away the rights guaranteed by
Article 19.

It means that the freedom guaranteed by Article 19 automatically stands suspended once the
Proclamation of Emergency is made. Once the proclamation of emergency ceases to operate,
Article 19 which stood suspended during the emergency automatically comes to life.

DUTY OF THE UNION TO PROTECT THE STATES

It is the duty of the Union to ensure that the State remains protected from disturbance and
external aggression, while the Proclamation of Emergency is in operation. The Union shall
ensure that the State Government works according to the provisions of the Constitution.

STATE EMERGENCY

Article 356 deals with State Emergency or President’s Rule in the State (“Provisions in case
of Failure of Constitutional Machinery in States”). The President of India has the power to
proclaim State Emergency when he receives a report from the Governor of that particular
State explaining that the situation in the State Government is such that they cannot carry out
the Constitutional provisions.

President’s Rule has been imposed on the State of Jammu and Kashmir for six years and 264
days from January 19, 1990, to October 9, 1996. The State has always been a target for many
external elements. The Indian Government imposed President’s Rule to control the situation
of Jammu & Kashmir which was facing a military threat from Pakistan.

Punjab was under the President’s Rule for 4 years and 259 days from June 11, 1987, to
February 25, 1992. The reason for imposing President’s rule in Punjab was the control of
Khalistan Commando Forces which was a Sikh organisation which was involved in the
genocidal attack on Hindus.

Till January 2016, the President’s Rule has been imposed 124 times in India. During Indira
Gandhi’s regime, the President’s Rule was invoked for maximum time. The President’s Rule
under her cabinet was imposed 35 times in various states.
The case S.R Bommai v. Union of India[2] is a landmark case in respect of imposing
President’s Rule in any State. The case laid down the power of the Union Government in
relation to the State Emergency under Article 356 of the Indian Constitution. Judicial Review
of the President’s Rule was made possible by this case. While giving the judgement, the court
depended on Sarkaria’s Commission Report, 1987.

President’s Rule can be judicially reviewed and the President becomes answerable only when
the Emergency is imposed in certain cases, which are:

1. When there is Constitutional non-conformity by the State with the direction of

Union
2. When there is a political crisis in the State.
3. When there is an internal subversion in the State

DURATION

When a Proclamation is issued under Article 356, it shall be first laid before each House of
the Parliament. Such Proclamation shall remain in operation for 2 months unless before the
expiry of the said period it has been approved by both Houses of the Parliament according to
Article 356(3). Suppose in a case where the Lok Sabha has been dissolved during the
issuance of a proclamation of emergency or its dissolution takes place within the above said
period of two months and the Rajya Sabha has approved the Proclamation but the Lok Sabha
has not approved it.

In such a case, the said proclamation shall not operate unless before the expiry of 30 days it
has also been passed by the Lok Sabha after its reconstruction. The Proclamation will remain
in operation for 6 months after it has been approved by the Parliament. The duration of an
emergency can be extended for 6 months at a time but it cannot remain in operation for more
than 3 years.

THE PROCEDURE OF PROCLAIMING STATE EMERGENCY

Such an announcement, like the National Emergency, should have been sent for ratification
before all the Houses of Parliament. Permission must be issued in this situation within two
months; therefore the declaration shall cease operating. If the Lok Sabha is disbanded after
some of these two months and has been authorized by the Rajya Sabha then the resolution
shall cease to function on the 30th day after its restoration on the date of the first session of
the Lok Sabha because if the Lok Sabha has been approved well before expiry.

An announcement so authorized immediately stops to act at the end of a six-month cycle

following the date of the announcement, until withdrawn. Without revocation, its life can be
prolonged by six months, most times but not after three years. Afterward, the Reign of the
President has to be finished and the State has to restore regular legislative machinery.
A new clause was added in the 44th Amendment, which restricted Parliament’s jurisdiction to
the degree of an announcement made after 1 year under Article 356.

THE PROCEDURE OF REVOKING STATE EMERGENCY

Any such declaration can by a subsequent proclamation be repealed or varied. In each of the
following forms, a proclamation made in compliance with Article 356(1) expires:

1. Unless accepted before both Houses of Parliament within two months of its
creation [Article 356(3)].
2. In case of failure to gain the consent of either House within two months after
sending the declaration to the Houses of Parliament [Article 356(3)].
3. If no other proposal is adopted by the House of Parliament, following the adoption
of a first proposal [Article 356(4)], following six months from the date of the
declaration.
Subject to the overall maximum limit of three years from the date of the declaration
following six months from the date of the passing of the last resolutions authorizing the
Chamber of Parliament. The following conditions contained in article 356(5) must be
fulfilled to extend the proclamation after one year:

 Global Disaster in place already; or whether

 The Electoral Commission classifies that it cannot hold elections to the Legislative
Council.
 The date on which the proclamation of revocation is issued by the President
[Article 356(2)].

EFFECTS

State Emergency shall have the following effects:

 The President shall have all the powers that are exercisable by the Governor in the
State.
 The President shall declare that the State shall exercise its Legislative powers by or
under the authority of the Parliament.
 If the President deems fit that necessary provisions shall be made to serve the
purpose of the Proclamation, then he may make such provisions.

FINANCIAL EMERGENCY
Article 360 deals with “Provisions as to Financial Emergency”. Financial Emergency is
imposed by the President when there arises any situation which causes a financial threat to
India or any part of India.
Financial Emergency has never been imposed in India. However, in 1990, the possibility of
financial emergency emerged but the situation was controlled by the Indian Government as in
July 1991 the Reserve Bank of India pledged 46.91 tonnes of Gold with Bank of England and
Union Bank of Switzerland to raise $400 million.

DURATION

The Proclamation of Financial Emergency shall cease to operate after 2 months unless it has
been approved by both the Houses of Parliament. In a case where during the issuance of
Proclamation the Lok Sabha has been dissolved or its dissolution takes place within the said
period of 2 months and the Rajya Sabha has approved the proclamation but the Lok Sabha
has not approved it. Then, such a proclamation shall not operate unless before the expiry of
30 days Lok Sabha has passed a resolution approving proclamation.

REVOCATION

By a subsequent Proclamation, Proclamation of Financial Emergency can be revoked.

EFFECTS

Financial Emergency has the following effects:

 The executive authority of the Union shall give directions to the State regarding
the maintenance of financial stability.
 It may include provisions for reduction of salaries and allowances of all or any
class of persons serving in the State. This includes Judges of the High Court and
the Supreme Court.
 The Money Bills shall be reserved for the approval of the President