Emergency Provisions in the Indian Constitution

(Articles 352 to 360)

The framers of the Indian Constitution foresaw that exceptional circumstances might require a deviation from the normal distribution of powers and fundamental rights. Therefore, Part XVIII (Articles 352 to 360) provides for emergency provisions, enabling the central government to deal with extraordinary situations that threaten the security, stability, or financial integrity of the nation.

These provisions give the Union government sweeping powers, temporarily altering the federal structure and individual freedoms to restore normalcy.

Types of Emergencies

India has a provision for three types of emergencies:

1. National Emergency (Article 352)

• Proclaimed when:
  • There is a threat to the security of India or any part thereof by war, external aggression, or armed rebellion (earlier known as internal disturbance).
• Procedure:
  • Proclamation by the President on the written advice of the Council of Ministers.
  • Must be approved by both Houses of Parliament within one month.
  • Continues for 6 months once approved and can be extended indefinitely with further approval every 6 months.
• Effects:
  • Federal structure changes to unitary: Centre can direct states.
  • Centre gets power to legislate on state subjects.
  • Fundamental Rights under Article 19 automatically suspended (only in cases of war/external aggression).
  • Enforcement of other FRs (except Articles 20 & 21) can be suspended by a Presidential Order.
• Examples:
  • 1962 (India-China War)
  • 1971 (India-Pakistan War)
  • 1975 (Declared by Indira Gandhi citing internal disturbance)

2. President’s Rule (State Emergency) – Article 356

• Proclaimed when:
  • The constitutional machinery of a state fails (i.e., state cannot be run per the Constitution).
• Procedure:
  • Governor sends a report or President acts otherwise.
  • Must be approved by Parliament within 2 months.
  • Continues for 6 months, extendable up to 3 years in periodic intervals (with special conditions after 1 year).
• Effects:
  • State legislature is dissolved or suspended.
  • Executive powers of the state are exercised by the President through the Governor.
  • Parliament makes laws for the state.
• Criticism:
  • Misused multiple times for political reasons.
  • The S.R. Bommai case (1994) laid down strict guidelines for its imposition and judicial review.

3. Financial Emergency (Article 360)

• Proclaimed when:
  • The financial stability or credit of India or any part is threatened.
• Procedure:
  • Declared by the President.
  • Must be approved by both Houses of Parliament within 2 months.
  • No maximum time limit; remains in force until revoked.
• Effects:
  • The Centre can direct states to observe financial propriety.
  • Salaries of government officials (including judges) can be reduced.
  • Money bills of states may require Presidential approval.
• Status:
  • Never declared in India till date.

Emergency and Fundamental Rights

• During National Emergency:
  • Article 19 is suspended in case of war/external aggression.
  • Article 358: Suspension of Article 19 rights.
  • Article 359: Suspension of enforcement of other Fundamental Rights (excluding Articles 20 & 21).
• No suspension of Fundamental Rights occurs during President’s Rule or Financial Emergency, though governance is affected.

Important Judgments

1. S.R. Bommai v. Union of India (1994)
   • Restricted misuse of Article 356.
   • President’s Rule is subject to judicial review.
   • Floor test in the Assembly is the best way to prove majority.
2. Minerva Mills v. Union of India (1980)
   • Reaffirmed that judicial review is part of the basic structure.
   • Declared some provisions of the 42nd Amendment unconstitutional.
3. ADM Jabalpur v. Shivkant Shukla (1976)
   • Upheld suspension of rights during Emergency.
   • Criticized later and overruled in Puttaswamy case (2017).

Safeguards & Constitutional Morality

• 44th Amendment Act, 1978:
  • Replaced “internal disturbance” with armed rebellion in Article 352.
  • Mandatory that the Cabinet must communicate in writing to the President.
  • Article 19 will not be suspended in case of internal emergencies.
• Emergency provisions must be used sparingly and responsibly to protect the constitutional balance between central authority and democratic freedoms.

Conclusion

The emergency provisions, while essential for preserving the unity and integrity of the country during crises, must not become tools of political manipulation. The Supreme Court’s vigilance and amendments like the 44th ensure a framework of accountability and respect for democratic processes. In a mature democracy like India, these provisions are both a shield in times of crisis and a test of constitutional ethics.