The Indian Constitution provides a framework for emergency governance under exceptional circumstances. These are detailed in Part XVIII (Articles 352–360), and empower the President to take extraordinary measures in case of serious threats to the nation’s security, constitutional order, or financial stability.
Contents
Types of Emergencies Provisions
- National Emergency (Article 352) – Emergency Provisions
- Grounds: War, external aggression, or armed rebellion.
- Proclamation: Declared by the President on the written advice of the Cabinet.
- Effect:
- Suspension of fundamental rights under Article 19 (except during internal disturbances).
- Extension of Union’s legislative power over state subjects.
- Central control over state machinery.
- Duration:
- Initial: 1 month (can be approved by both Houses).
- After approval: Valid for 6 months and can be extended indefinitely every 6 months.
- President’s Rule / State Emergency (Article 356) – Emergency Provisions
- Ground: Failure of constitutional machinery in a state.
- Proclamation: President can take over state functions.
- Effect:
- State Assembly may be suspended or dissolved.
- Parliament makes laws for the state.
- Duration:
- Initially 6 months; maximum 3 years with repeated parliamentary approval.
- Beyond 1 year, approval requires a national emergency to be in operation or Election Commission’s certification.
- Financial Emergency (Article 360) – Emergency Provisions
- Ground: Threat to the financial stability or credit of India.
- Effect:
- Central control over state financial matters.
- Salaries and allowances of government officials, including judges, can be reduced.
- Duration: Indefinite after approval by both Houses (no maximum time limit).
Safeguards and Judicial Review
- 44th Amendment (1978): Added key safeguards to prevent misuse:
- Requires written recommendation of the Cabinet for National Emergency.
- Article 19 rights cannot be suspended except during war or external aggression.
- Judicial Review: Emergency proclamations can be challenged in courts on grounds of mala fide or irrelevant considerations.
Important Cases – Emergency Provisions
- Minerva Mills v. Union of India (1980): Reaffirmed that the Constitution’s basic structure cannot be destroyed, even during emergencies.
- SR Bommai v. Union of India (1994): Laid down strict guidelines for the imposition of President’s Rule and allowed judicial review.
Emergency provisions are extraordinary tools meant for rare and extreme circumstances. The checks and balances built into the Constitution, especially post the 44th Amendment, aim to ensure they are not misused for political gain.
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