One of the most distinctive features of the Indian Constitution is its Emergency Provisions, which empower the Centre to assume extraordinary powers in times of crisis. These provisions transform the otherwise federal structure into a unitary one to safeguard national integrity and constitutional governance.
Table of Contents
- Types of Emergencies
- National Emergency (Article 352)
- Effect of Proclamation
- State Emergency / President’s Rule (Article 356)
- Legislative Powers under Article 357
- Suspension of Fundamental Rights
- Financial Emergency (Article 360)
- Landmark Cases
- Conclusion
Types of Emergencies
Constitution of India recognizes three types of emergencies:
- National Emergency – Article 352
- State Emergency / President’s Rule – Article 356
- Financial Emergency – Article 360
National Emergency (Article 352)
Article 352 of the Constitution of India empowers the President to declare a National Emergency when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion.
Essentials for Proclamation of National Emergency
1️⃣ President Can Proclaim Emergency – Article 352(1)
This clause empowers the President to proclaim a National Emergency if he is satisfied that a grave emergency exists, threatening the security of the country or any part of it. The proclamation can cover the entire territory of India or only a specified region.
2️⃣ Variation or Revocation – Article 352(2)
The President may modify or withdraw an emergency proclamation through another proclamation at any time.
3️⃣ Decision of Union Cabinet – Article 352(3)
The President cannot issue or vary a proclamation unless the Union Cabinet communicates its decision to him in writing. This provision safeguards the democratic process by preventing unilateral actions.
4️⃣ Approval by Both Houses – Article 352(4)
The proclamation must be laid before both the Lok Sabha and Rajya Sabha and must be approved within one month. If not approved, it ceases to operate.
Special Situation: If the Lok Sabha is dissolved or not in session, the proclamation remains valid for 30 days from the re-assembly of the new House, provided it is approved before expiry.
5️⃣ Duration of Proclamation – Article 352(5)
Once approved, the Proclamation remains in force for 6 months. However, it can be extended further by resolutions passed by both Houses every 6 months. This provision ensures that Emergency powers do not continue indefinitely without parliamentary oversight.
6️⃣ Resolution Voting Requirement – Article 352(6)
Article 352(6) provides that for a resolution to be passed, it must receive the support of more than half of the total number of members of the house, and at least two-thirds of the members present and voting at the time of the vote.
7️⃣ Disapproval of Proclamation – Article 352(7)
If the Lok Sabha passes a resolution disapproving the Proclamation or its continuance, the President is bound to revoke it. This gives the Lower House the ultimate power to stop an Emergency.
8️⃣ Notice of Disapproval – Article 352(8)
To initiate a resolution for disapproval, a written notice signed by at least one-tenth of the Lok Sabha members must be submitted.
If the House is in session, the notice goes to the Speaker. If not, it must be submitted to the President. Upon receipt, a special sitting of the Lok Sabha must be held within 14 days to deliberate and vote on the resolution.
Effect of Proclamation
ollowing are the consequences of the proclamation of Emergency:
- Extension of Centre`s executive power(Article 353a)- During the operation of a proclamation , the executive power of union extends to giving direction to any state in the manner in which the executive power of state is exercised.
- Parliament empowered to legislate on State subjects(Article 353(b))- While proclamation is in operation, the union parliament is empowered to make laws with respect to any matter in state list.
- Centre empowered to alter distribution of revenue between the Union and State- This provision gives the President the power to make necessary changes to the distribution of revenues between the Union and the States during an emergency situation, in order to ensure that the government has the necessary financial resources to deal with the emergency.
- Suspension of fundamental rights( except under Article 20 and 21)-
State Emergency / President’s Rule (Article 356)
Article 356 of the Indian Constitution provides for the imposition of a State Emergency or President’s Rule in a state when the constitutional machinery fails. This is one of the most powerful tools in the hands of the Union Government.
Grounds for Proclamation
As per section 356(1), President can proclaim emergency in a state under the following conditions:
- If the President is satisfied that the government of the state cannot function according to the provisions of the Constitution.
- If the Governor of the state reports such a situation to the President.
Powers Exercisable Under Proclamation
Once Article 356 is invoked, the President can perform any or all of the following actions:
- Assume all functions of the State Government and powers of the Governor.
- Declare that the powers of the State Legislature shall be exercised by Parliament or a person authorized by Parliament.
- Make any incidental or consequential provisions necessary to implement the proclamation.
Variation or Revocation – Article 356(2)
The Proclamation can be varied or revoked at any time by the President through a subsequent proclamation.
Approval by Parliament – Article 356(3)
Every Proclamation must be laid before both Houses of Parliament and must be approved within 2 months, else it ceases to operate.
Special Situation: If the Lok Sabha is dissolved at the time of proclamation, and the Rajya Sabha approves it, the proclamation continues for 30 days after the first sitting of the newly elected Lok Sabha. If not approved by Lok Sabha within that period, it will lapse.
Duration and Extensions – Article 356(4)
If approved, the Proclamation:
- Can be extended in blocks of 6 months.
- Cannot remain in force for more than 3 years in total.
However: If the Lok Sabha is dissolved during a six-month extension, and the Rajya Sabha alone approves it, the Proclamation stays valid for 30 days from the new Lok Sabha’s first sitting. It must be approved by the new House within that time to remain valid.
Exception: Punjab – 1987
For the state of Punjab, the duration of President’s Rule was extended to 5 years (beyond the usual 3-year limit) through a constitutional amendment due to insurgency and failure of governance.
Continuance of Emergency – Article 356(5)
A resolution for continued operation of President’s Rule can be passed if:
- The National Emergency is already in force in that state or part of it.
- The Election Commission certifies that holding elections in the state is not feasible.
Legislative Powers Post-Proclamation (Article 357)
Article 357 provides that When it is declared that powers of legislature shall be exercisable by or under the authority of parliament, It shall be competent –
- Parliament should provide the President the power to enact laws on behalf of the State’s Legislature and allow him to delegate that power to any other body he designates.
- For Parliament, the President, or any other body empowered to enact laws under subclause (a) to pass laws granting authority and imposing duties, or to authorize the transfer of authority and imposing duties on the Union or its officers and authorities.
- For the President to have the authority to approve spending from the State’s Consolidated Fund when the House of People is not in session, pending approval from Parliament;
Suspension of Fundamental Rights
Article 358
During an emergency, Article 19 automatically remains suspended, allowing the State to enact laws and take actions contrary to the freedoms mentioned in it.
Article 359
The President may suspend the right to move any court for enforcement of Fundamental Rights (except under Articles 20 and 21).
Financial Emergency (Article 360)
Article 360(1) of the Indian Constitution empowers the President of India to proclaim a financial emergency if he is satisfied that the financial stability or credit of India, or any part thereof, is threatened.
Key Provisions of Financial Emergency
Article 360(2): Procedure & Revocation
- The Proclamation can be revoked or varied by issuing another proclamation.
- It must be laid before both Houses of Parliament for review.
- If not approved by Parliament within two months, the Proclamation automatically ceases to operate.
Article 360(3): Union Directions to States
Once a financial emergency is in effect, the Union Government gains power to direct any state on:
- Maintaining financial discipline.
- Following instructions issued by the President to ensure economic stability.
Article 360(4)(a): Direct Consequences
Under this clause, the President’s directions may include:
- Reduction of salaries and allowances of persons serving in state government services.
- A requirement that all Money Bills or financial legislation under Article 207 must be reserved for Presidential consideration.
Article 360(4)(b): Impact on Judiciary
- 👨⚖️ The President may also reduce the salaries of judges and other public servants as part of cost-cutting and financial reforms.
Landmark Cases
ADM Jabalpur v. Shivkant Shukla (AIR 1976 SC 1207)
The Supreme Court held that during an Emergency, no person has the locus standi to file a writ of habeas corpus under Article 226.
Mohd. Yaqub v. State of Jammu and Kashmir (AIR 1968 SC 765)
The Supreme Court ruled that a Presidential order under Article 359(1) is not a ‘law’ under Article 13(2) and cannot be challenged on that basis.
