India, being a democratic republic, has a constitution that ensures the smooth functionality of its government at both central and state levels. The constitution also contains provisions for extraordinary situations such as emergencies. These include National Emergency, Constitutional Emergency, and Financial Emergency. These emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360.
Article 355: A Pillar of Constitutional Security
In recent news, several political leaders have urged the President to invoke Article 355 in response to post-election violence in West Bengal’s Birbhum district. But what does this entail?
Article 355 is a constitutional provision stating, “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution”. Essentially, it’s a constitutional obligation of the central government to protect the states from any form of internal or external threats while ensuring their adherence to the Constitution.
The Relationship Between Article 356 and Article 355
The duty articulated in Article 355 often leads to the implementation of Article 356 by the centre, which is referred to as ‘President’s Rule’. This happens when there’s a failure or breakdown of constitutional machinery in a state. In simpler terms, if a situation arises where state governance can’t continue in harmony with the constitution, the President can enforce Article 356. This proclamation has to be approved by both houses of parliament within two months from the date of its issue.
Emergency Provisions: Safeguarding the Nation
The constitution includes specific emergency provisions to enable the Central government to manage abnormal situations effectively. They derive from the Government of India Act 1935, although the suspension of Fundamental Rights during an emergency is taken from the German Weimer Constitution. These provisions aim to protect the country’s sovereignty, unity, integrity, security, the democratic political system, and the Constitution.
There are three types of emergencies stated in the constitution—National Emergency, Constitutional Emergency, and Financial Emergency.
An Overview of National Emergency
A National Emergency can be declared on grounds of war, external aggression, or armed rebellion. The President can declare a national emergency even before the occurrence of these events. When a national emergency is based on ‘war’ or ‘external aggression’, it’s known as ‘External Emergency’, and when on ‘armed rebellion’, it is referred to as ‘Internal Emergency’.
Financial Emergencies and their Grounds
Article 360 empowers the President to declare a Financial Emergency if he is satisfied that a situation has arisen wherein the financial stability or credit of India or any part of its territory is threatened.
The Impact of Emergencies on Fundamental Rights
Articles 358 and 359 lay out the effects of a National Emergency on the Fundamental Rights. According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under Article 19 are automatically suspended. Under Article 359, the President can suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. However, it should be noted that Fundamental Rights aren’t affected during President’s Rule and Financial Emergency.
Last Modified: February 15, 2024