Indian Polity Quiz: Emergency Provisions

Part XVIII of the Constitution provides for three kinds of emergency. A National Emergency under Article 352 can be declared on the ground of war, external aggression or armed rebellion.

It allows the President, if satisfied that a grave emergency exists whereby the security of India or any part of it is threatened by war, external aggression or armed rebellion, to make a Proclamation of Emergency.

The Emergency of June 1975 was declared on the ground of "internal disturbance", a phrase so vague that almost any political unrest could be brought under it.

A Proclamation of National Emergency must be laid before both Houses of Parliament and approved by each of them within one month of its issue; otherwise it ceases to operate.

While a National Emergency is in force, it extends the executive power of the Union to giving directions to any State on the manner in which its executive power is to be exercised, and it allows Parliament to make laws on any matter, even one in the State List.

While a Proclamation of National Emergency is in operation, Parliament can by law extend the normal five-year term of a State Legislative Assembly (Article 172) and of the Lok Sabha (Article 83) by up to one year at a time.

India's first National Emergency was proclaimed on 26 October 1962, during the war with China, on the ground of external aggression.

A National Emergency under Article 352 has been proclaimed three times: in October 1962, when China attacked India; in December 1971, during the war with Pakistan that led to the creation of Bangladesh; and in June 1975, on the ground of "internal disturbance", during Indira Gandhi's government.

On the night of 25 June 1975, President Fakhruddin Ali Ahmed proclaimed a National Emergency on the ground of "internal disturbance", on the advice of Prime Minister Indira Gandhi.

Under Article 356, if the President is satisfied, on the Governor's report or otherwise, that the government of a State cannot be carried on in accordance with the Constitution, he or she can take over the functions of the State government, which in practice means dismissing the State's Council of…

Once approved by Parliament, President's Rule lasts six months and can be extended by fresh approval for six months at a time, but never beyond three years in all.

The Government of India set up the Sarkaria Commission in June 1983, under Justice R.S. Sarkaria, a retired judge of the Supreme Court, to review the working of Centre-State relations.

It allows the President to proclaim a Financial Emergency if satisfied that the financial stability or credit of India, or of any part of its territory, is threatened.

Article 360 has never been used. Even in 1991, when India faced a severe balance of payments crisis, had foreign exchange reserves for only a few weeks of imports and had to pledge gold to raise loans, the government chose economic reforms rather than a Financial Emergency.

Under Article 360(4), while a Financial Emergency is in operation, the President can issue directions for reducing the salaries and allowances of all or any class of persons serving the Union, including the judges of the Supreme Court and the High Courts.