Emergency provisions in India allow the President to assume greater powers during crises. These provisions are designed to safeguard the country’s sovereignty, unity, and integrity. They are outlined in Part XVIII of the Constitution of India, specifically from Articles 352 to 360.
Types of Emergencies
India’s Constitution specifies three types of emergencies:
- National Emergency
- President’s Rule
- Financial Emergency
National Emergency
A national emergency can be declared under Article 352. It may arise due to:
- War
- External aggression
- Armed rebellion
The President can declare this emergency even before an actual threat occurs.
Grounds for Declaration
The President’s declaration must be based on credible threats to the security of India. If declared due to war or aggression, it is termed “External Emergency.” If due to internal disturbances, it is termed “Internal Emergency.”
Parliamentary Approval
The emergency declaration must be approved by both Houses of Parliament within one month. If the Lok Sabha is dissolved, the declaration remains valid until 30 days after the first sitting of the new Lok Sabha, provided the Rajya Sabha has approved it.
Duration and Revocation
Once approved, the national emergency lasts for six months. It can be extended indefinitely with parliamentary approval every six months. The President can revoke the emergency at any time without parliamentary approval.
Effects of National Emergency
The declaration of a national emergency results in changes:
- Centre-State Relations: The Centre gains the authority to direct states on executive matters.
- Legislative Powers: Parliament can legislate on state subjects.
- Financial Powers: The President can modify revenue distribution between the Centre and states.
The life of the Lok Sabha and state assemblies can also be extended during an emergency.
Fundamental Rights
During a national emergency, certain fundamental rights can be suspended:
- Article 19: Rights related to freedom of speech, assembly, association, movement, residence, and profession are automatically suspended.
- Article 359: The President can suspend the right to move courts for enforcement of other fundamental rights, except for Articles 20 and 21.
Historical Instances
India has declared a national emergency three times:
- 1962 – Due to Chinese aggression.
- 1971 – Following the Pakistan war.
- 1975 – During internal disturbances under Prime Minister Indira Gandhi.
President’s Rule
President’s Rule is invoked under Article 356. It occurs when the President believes that a state’s government cannot function according to the Constitution.
Grounds for President’s Rule
The President can impose President’s Rule if:
- The state government fails to comply with constitutional provisions.
- The state government cannot carry out its functions effectively.
Parliamentary Approval and Duration
A proclamation of President’s Rule must be approved by both Houses of Parliament within two months. If the Lok Sabha is dissolved, the declaration remains valid until 30 days after the new Lok Sabha convenes.
Consequences of President’s Rule
When President’s Rule is imposed:
- The President assumes the functions of the state government.
- The powers of the state legislature are exercised by Parliament.
- Constitutional provisions may be suspended if deemed necessary.
Financial Emergency
A financial emergency can be declared under Article 360 when the financial stability of India is threatened.
Grounds for Financial Emergency
The President must be satisfied that the financial credit of India or any part of its territory is in jeopardy.
Parliamentary Approval
A financial emergency must be approved by both Houses of Parliament within two months. If the Lok Sabha is dissolved, it remains valid for 30 days after the first sitting of the new Lok Sabha.
Effects of Financial Emergency
During a financial emergency:
- The Centre can oversee state financial matters.
- Salaries of state employees can be reduced.
- All financial bills must be reserved for the President’s consideration.
Criticism of Emergency Provisions
Critics argue that emergency provisions undermine federalism. Concerns include:
- Concentration of power in the Union government.
- Potential for dictatorial rule by the President.
- Suspension of fundamental rights.
Defenders argue these provisions are necessary for national security.
Judicial Review
The 44th Amendment Act of 1978 removed the immunity of emergency declarations from judicial review. Courts can now assess the validity of an emergency based on malafide grounds or irrelevant facts.
