Emergency Provisions (Articles 352–360): Notes and PYQs

In normal times India works as a federation: the Centre and the States each have their own powers. The emergency provisions let the Centre take over extraordinary powers in a crisis, such as a war, a breakdown of government in a State, or a threat to the country's finances, and in doing so turn the federal system into an almost unitary one without amending the Constitution. There are three kinds of emergency, each with its own Article, grounds, approval period and time limit, and exams test exactly those numbers.

The three emergencies at a glance

The emergency provisions are in Part XVIII, Articles 352 to 360. The idea of suspending Fundamental Rights during an emergency was borrowed from the Weimar Constitution of Germany.

Article 355 adds a duty that sits behind all three: the Union must protect every State against external aggression and internal disturbance and ensure that its government is carried on in accordance with the Constitution.

National Emergency (Article 352)

• Grounds: war, external aggression or armed rebellion. The 44th Amendment (1978) replaced the vaguer words "internal disturbance" with "armed rebellion". An emergency on the ground of war or external aggression is called an external emergency; one on armed rebellion, an internal emergency. It can be proclaimed before the danger actually arrives, and for the whole country or only a part of it.
• Cabinet's written advice: since the 44th Amendment, the President can proclaim it only when the decision of the Union Cabinet is communicated in writing.
• Approval: both Houses must approve it within one month (two months before 1978), each by a special majority: a majority of its total membership and two-thirds of the members present and voting. If the Lok Sabha is dissolved at the time, the Rajya Sabha approves it and the new Lok Sabha must approve it within 30 days of its first sitting.
• Duration: six months from approval, extendable for six months at a time any number of times, each time with a fresh special-majority approval.
• Revocation: the President can revoke it at any time, and must do so if the Lok Sabha passes a resolution disapproving it by a simple majority. One-tenth of the Lok Sabha's members can demand a special sitting to consider such a resolution.

What changes during a National Emergency

The three proclamations

The excesses of 1975–77, when detentions could not be challenged in court, led the Janata government to pass the 44th Amendment in 1978. Almost every safeguard in this note comes from it: "armed rebellion" instead of "internal disturbance", the Cabinet's written advice, approval within one month by special majority, the Lok Sabha's power to end an emergency, and the protection of Articles 20 and 21.

President's Rule (Article 356)

• Ground: 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. Under Article 365, a State's failure to comply with the Union's directions also allows the President to reach that conclusion.
• Approval: within two months by both Houses, by a simple majority.
• Duration: six months at a time, up to a maximum of three years. Continuing it beyond one year needs two conditions: a National Emergency in force, and a certificate from the Election Commission that elections to the State Assembly cannot be held.
• Effects: the President takes over the functions of the State government, usually through the Governor; the State legislature is suspended or dissolved and Parliament makes its laws; the High Court is not affected.

It was first imposed in Punjab in 1951 and has since been used many times. In the S.R. Bommai case (1994) the Supreme Court held that President's Rule is subject to judicial review, that a government's majority must be tested on the floor of the Assembly, and that the Assembly should not be dissolved before Parliament approves the proclamation. The Sarkaria Commission on Centre-State relations, set up in 1983, recommended that Article 356 be used only as a last resort. Dr B.R. Ambedkar had hoped that such Articles would remain "a dead letter".

Financial Emergency (Article 360)

• Ground: the financial stability or credit of India, or of any part of it, is threatened.
• Approval: within two months, by a simple majority. Once approved it continues until revoked, with no maximum period and no need for repeated approval.
• Effects: the Centre can direct the States to observe financial propriety, reduce the salaries of State employees and reserve their money bills for the President; the President can reduce the salaries of Union employees and of the judges of the Supreme Court and the High Courts.
• It has never been declared, not even during the balance of payments crisis of 1991.

Revise in one minute

• Part XVIII, Articles 352–360; the idea of suspending rights from Germany's Weimar Constitution.
• 352 National Emergency; 356 President's Rule; 360 Financial Emergency; 353 effects of an emergency; 358 and 359 rights during an emergency; 365 failure to follow Union directions.
• 44th Amendment, 1978: "armed rebellion", the Cabinet's written advice, one-month approval, and Articles 20 and 21 protected.
• National Emergency declared three times: 1962, 1971 and 1975. Financial Emergency: never.
• President's Rule: first in Punjab (1951); maximum three years; S.R. Bommai case (1994).
• During a National Emergency, Parliament can legislate on the State List and extend the Lok Sabha's term by one year at a time.
• Sarkaria Commission on Centre-State relations: set up in 1983.