EMERGENCY PROVISIONS
The term "emergency provisions" describes particular legal measures and provisions included in a nation's statutes or constitution that enable the government to act effectively and swiftly in the event of an extraordinary situation, such as a war, rebellion, or other crisis that jeopardizes the stability, security, or sovereignty of a nation.
Constitutional provisions:
Articles 352 to 360 of Part XVIII of the Indian constitution.
Draws inspiration from Germany's Weimar Constitution.
Indian constitution provides for three kinds of emergencies;
National Emergency (Articles 352-354, 358-359)
President’s rule (Articles 355-357)
Financial Emergency (Article 360)
National Emergency (Article 352):
President is empowered to declare a state of emergency if he is satisfied that the security of the country or any part thereof is threatened by war, external aggression (External Emergency), or armed rebellion (Internal Emergency).
Replacing ‘internal disturbance’, the term ‘armed rebellion’ was inserted by the 44th amendment.
Parliamentary approval:
It must be ratified by both houses of parliament, within one month after the date of its issuance.
If the Lok Sabha is not in session or has been dissolved, the proclamation must be approved within 30 days from the first sitting of the newly constituted Lok Sabha.
Duration of emergency:
Normally, the emergency will be in effect for six months after approval.
However, such a proclamation may be extended indefinitely, with each extension receiving Parliamentary approval by a special majority every six months.
Revocation of Proclamation:
It may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.
If the Lok Sabha passes a resolution by a simple majority disapproving its continuation, the emergency must be revoked.
Applicability of National Emergency:
Proclamation of National Emergency may apply to the entire country or only a part of it.
42nd Constitutional Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specific part of India.
Judicial Review of National Emergency:
38th Constitutional Amendment Act of 1975 made the declaration of a National Emergency immune to judicial review.
44th Constitutional Amendment Act of 1978 repealed this provision of the 38th Amendment, thereby restoring the judiciary's ability to review the declaration of a National Emergency.
In Minerva Mills Case, 1980 the Supreme Court ruled that the proclamation of a National Emergency can be challenged in court on grounds of malafide intent or if the declaration was based on extraneous or irrelevant facts.
State Emergency or President Rule (Article 356):
Ensuring that every state government functions in compliance with the constitution's requirements is the duty of the central government. The center has the authority to take over the state in the event that the constitutional machinery fails. This is termed President's rule.
The President's rule has the following consequences:
The Governor continues to administer the state on the President's behalf.
He or she enlists the assistance of the Chief Secretary of the state as well as any other consultants or administrators that they may choose.
The President can additionally declare that the Parliament will exercise the powers of the state legislature.
Constitutional processes:
Grounds of imposition:
The President’s Rule can be proclaimed under Article 356 on two grounds:
Provisions under Article 356, and
Provisions under Article 365.
Article 356
The President can proclaim President’s Rule in a state, if he/she is satisfied that a situation has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution.
The President can act either on a report of the Governor of the State or even without the Governor’s report.
Article 365
Whenever a State fails to comply with or to give effect to any direction from the Center, it will be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.
Parliamentary approval and duration:
The proclamation of the President's rule should be approved in both Houses of Parliament within two months from the date of its issue.
The approval is through a simple majority.
If the proclamation of President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the newly constituted Lok Sabha, provided Rajya Sabha approves it in the mean time.
If approved by both Houses of Parliament, the President’s Rule continues for the period of six months.
It can be extended for a maximum period of three years with the approval of Parliament every six months
The 44th Constitutional Amendment Act of 1978 added a new provision that the President’s Rule cannot be extended beyond one year, unless the following two conditions are fulfilled:
The proclamation of National Emergency is in operation in the whole of India or in the whole or any part of the State.
The Election Commission of India (ECI) certifies that general elections to the Legislative Assembly of the State cannot be held on account of certain difficulties.
Revocation: A Proclamation of Emergency can be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
Consequences:
When the President’s Rule is in operation, the President acquires the following extra-ordinary powers w.r.t. the concerned state:
The President can take up the functions of State Government and powers vested in the Governor or any other executive authority in the State.
The President can declare that the powers of the State Legislature are to be exercised by Parliament.
The President can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the State.
Accordingly, the consequences and effects of President’s Rule in a state can be studied in detail under the following thress heads.
Financial Emergency (Article 360):
In the event that the President determines that there is a threat to India's financial stability or credit, in whole or in part of the country, he may proclaim a state of financial emergency.
Approval: Parliament must pass a resolution approving the financial emergency with a simple majority, within two months.
Duration: The financial emergency lasts indefinitely after being approved by the parliament until it is cancelled which means that there is no fixed maximum term for its operation and that parliamentary permission is not required repeatedly for it to continue.
Withdrawal: By issuing another proclamation to that effect, the president may declare the emergency to be over. A revocation of this nature does not need parliamentary approval.
Effects of a Financial Emergency
Expanding the Union's executive power over the financial affairs of the States;
Reducing the salary and benefits received by all or a subset of state employees;
All money bills and other financial bills are reserved for the President's approval after being approved by the state legislature;
The President may, by directive, reduce the salaries and benefits of Supreme Court and High Court judges as well as any other class of employees who serve the Union.
The emergency provisions in the Indian Constitution incorporate checks and balances to prevent their abuse. In times of crisis, these actions preserve democracy, respect the rule of law, and defend individual rights. They guarantee the Union government's continued accountability within democratic and constitutional institutions.
