Emergency Provisions

Key Facts

• Article 352: National Emergency; grounds: war, external aggression, armed rebellion (44th Amendment changed from 'internal disturbance'); proclaimed thrice (1962, 1971, 1975-77) [Source: Constitution; UPSC 2017 PYQ]
• 44th Amendment (1978): Changed 'internal disturbance' to 'armed rebellion'; required written cabinet advice; restored Art 21 protection during Emergency [Source: 44th Amendment]
• National Emergency effects: Article 19 suspended automatically for war/external aggression; Parliament legislates on State List; Lok Sabha term extendable by 1 year [Source: Constitution]
• Special majority for Emergency proclamation: 2/3 of members present and voting AND majority of total membership of Lok Sabha [Source: Article 352]

Which Article of the Indian Constitution provides for National Emergency, and on what grounds can it be proclaimed?

Article 352 of the Indian Constitution provides for National Emergency (also called Proclamation of Emergency). It can be proclaimed by the President on grounds of: (1) War; (2) External aggression; (3) Armed rebellion (term changed from 'internal disturbance' by the 44th Amendment, 1978). The proclamation requires written advice from the Cabinet (not just PM). The 44th Amendment also requires Lok Sabha approval by special majority (2/3 of members present and voting AND more than 50% of total membership). National Emergency has been proclaimed thrice: 1962 (China war), 1971 (Pakistan war), and 1975-77 (internal emergency under Indira Gandhi).

What are the effects of National Emergency under Article 352 on the federal structure and Fundamental Rights?

Effects of National Emergency: (1) Federal structure becomes unitary - Parliament can legislate on State List subjects; (2) Life of Lok Sabha can be extended by Parliament one year at a time during Emergency; (3) Executive power of Union extends to directing States; (4) Fundamental Rights: Article 19 FRs automatically suspended when External aggression or War is the ground; Article 21 can be suspended only by specific Presidential order (not automatic). The 44th Amendment restored Article 21 protection by requiring a specific Proclamation to suspend it. Cabinet Ministers (Article 74) advice requirement applies to proclamation.

What is Financial Emergency under Article 360 and has it ever been proclaimed in India?

Article 360 provides for Financial Emergency when the financial stability or credit of India or any part thereof is threatened. During Financial Emergency: (1) The Union can direct states on their financial matters; (2) The President can require reduction of salaries of government employees including judges; (3) All money bills of states require President's assent. Financial Emergency has NEVER been proclaimed in India (making it different from National Emergency and President's Rule which have been used). The conditions for proclamation are vague ('financial stability or credit threatened'), which is why it has remained unused.

What were the key safeguards introduced by the 44th Constitutional Amendment (1978) regarding Emergency provisions?

The 44th Amendment (1978) strengthened safeguards against Emergency abuse following the 1975-77 Emergency: (1) Changed grounds from 'internal disturbance' to 'armed rebellion' (higher threshold); (2) Requires written cabinet advice (not just PM); (3) Lok Sabha can pass resolution by simple majority to revoke Emergency; (4) Special majority required: 2/3 of members present + voting AND majority of total membership; (5) President can be directed to revoke Emergency if Lok Sabha passes such resolution; (6) Restored Article 21 protection (life and liberty cannot be suspended even during Emergency without specific Presidential order); (7) Restored Article 20 and 21 cannot be suspended even by Presidential order under Article 359.

What is the difference between National Emergency (Article 352), President's Rule (Article 356), and Financial Emergency (Article 360)?

Three types of Emergency: (1) National Emergency (Art 352): external threat (war/aggression/armed rebellion); affects entire country; centralizes both legislative and executive power; Article 19 suspended automatically for external grounds; proclaimed thrice (1962, 1971, 1975-77); (2) President's Rule (Art 356): failure of constitutional machinery in a state; affects only that state; Parliament exercises state legislature's powers; President administers via Governor; proclaimed many times (most controversial: use against political opponents); (3) Financial Emergency (Art 360): financial crisis; never proclaimed; President can direct financial matters including salary cuts. The 44th Amendment strengthened safeguards for all three.

During an emergency, some citizen rights are paused. Article 358 says Article 19 rights (like freedom of speech) are suspended automatically if the emergency is due to war. Article 359 allows the President to stop people from going to court for other rights. However, rights under Articles 20 and 21 always remain active and cannot be taken away.

During a Financial Emergency, the State loses its financial independence. The Central Government can issue 'canons of financial propriety'. These are strict rules on how to spend money. The Center can stop a State from overspending or taking new loans. For example, the Center could tell a State to stop all new infrastructure projects to save cash during a national crisis.

National Emergency, under Article 352, significantly impacts Fundamental Rights. Article 358 automatically suspends Article 19 freedoms (speech, assembly, etc.) during emergencies declared due to war or external aggression. Article 359 empowers the President to suspend the right to move courts for the enforcement of specified Fundamental Rights via a Presidential Order.

The 44th Amendment Act of 1978 introduced crucial safeguards. It restricted Article 358's scope, ensuring Article 19 suspension only applies during external emergencies. Importantly, Articles 20 (protection against conviction) and 21 (right to life and personal liberty) cannot be suspended. Furthermore, only laws directly related to the emergency are protected from legal challenges.

For Prelims, understanding the differences between Articles 358 and 359 is crucial. For Mains, analyze the 44th Amendment's role in safeguarding fundamental rights during emergencies and the judiciary's role in upholding these rights.

Revocation means ending the emergency. The President can cancel the Financial Emergency at any time with a new order. Unlike the starting process, ending it does not require any permission from the Lok Sabha or Rajya Sabha. This makes it easy for the government to return to normal once the economy is stable again.

This emergency is declared by the President when the security of India is threatened. The grounds are war, external aggression, or armed rebellion. The President needs written advice from the Cabinet. Once declared, the Parliament must approve it within 30 days. It can continue for 6 months at a time. Example: Declared in 1962 during the China war.

Under Article 358, the six rights under Article 19 (like freedom of speech) are automatically suspended. Article 359 allows the President to suspend the right to go to court for other rights. However, the 44th Amendment says that rights under Article 20 (protection in respect of conviction) and Article 21 (right to life) cannot be taken away.

Key Facts

• Article 356 (President's Rule): State assembly suspended/dissolved; Parliament exercises state legislature power; Article 19 NOT suspended automatically [Source: Constitution; UPSC 2018 PYQ]
• Article 360: Financial Emergency; NEVER proclaimed in India [Source: Constitution]
• S.R. Bommai case (1994), 9-judge bench: Article 356 subject to judicial review; floor test required before dismissing government; SC cannot dissolve assembly before Parliament approves [Source: SC 1994]

What happens when Article 356 (President's Rule) is imposed in a State?

When President's Rule (Article 356) is proclaimed: (1) State Assembly is placed under suspended animation (NOT automatically dissolved - it may be kept in suspended animation); President can dissolve it with Parliamentary approval; (2) Powers of State Legislature are exercised by Parliament; (3) President administers the state through the Governor; (4) President can make laws relating to the state (Parliamentary laws operative). Key points from UPSC 2018 PYQ: Article 19 is NOT automatically suspended under President's Rule; the Assembly is placed in suspended animation/dissolved but NOT automatically dissolved at the moment of proclamation. Parliament exercises state legislative functions.

What is Financial Emergency under Article 360 and has it ever been proclaimed in India?

Article 360 provides for Financial Emergency when the financial stability or credit of India or any part thereof is threatened. During Financial Emergency: (1) The Union can direct states on their financial matters; (2) The President can require reduction of salaries of government employees including judges; (3) All money bills of states require President's assent. Financial Emergency has NEVER been proclaimed in India (making it different from National Emergency and President's Rule which have been used). The conditions for proclamation are vague ('financial stability or credit threatened'), which is why it has remained unused.

What is the Bommai judgment (1994) and how did it transform the use of President's Rule under Article 356?

S.R. Bommai vs Union of India (1994) is a landmark 9-judge bench judgment that radically restricted arbitrary use of Article 356. Key holdings: (1) President's Rule is subject to judicial review - courts can examine the materials on which it is based; (2) Proclamation under Article 356 must be based on a failure of constitutional machinery, not on political considerations; (3) Floor test is the proper method to determine majority - President's Rule cannot be imposed merely because a government is in a minority; (4) State Assembly cannot be dissolved before Parliament approves the proclamation; (5) Secessionist activities are a valid ground for Article 356. The judgment made Article 356 almost litigable in practice.

What is the difference between National Emergency (Article 352), President's Rule (Article 356), and Financial Emergency (Article 360)?

Three types of Emergency: (1) National Emergency (Art 352): external threat (war/aggression/armed rebellion); affects entire country; centralizes both legislative and executive power; Article 19 suspended automatically for external grounds; proclaimed thrice (1962, 1971, 1975-77); (2) President's Rule (Art 356): failure of constitutional machinery in a state; affects only that state; Parliament exercises state legislature's powers; President administers via Governor; proclaimed many times (most controversial: use against political opponents); (3) Financial Emergency (Art 360): financial crisis; never proclaimed; President can direct financial matters including salary cuts. The 44th Amendment strengthened safeguards for all three.

Article 356 is used when the State government cannot follow the Constitution due to internal reasons like a lost majority. Article 365 is used when the State refuses to follow a specific order from the Central Government. For example, if the Centre asks a State to protect railways and the State refuses, Article 365 can be applied.

This is also called a State Emergency. It happens if a State cannot follow the Constitution. The President acts based on a report from the Governor. It can last for a maximum of three years with regular approvals. This shifts the State's law-making power to the Parliament. Example: Applied in many states when no party can form a government.

The Supreme Court ruled that the President's decision is not final. The court can examine the 'material' or evidence used to impose the rule. If the decision was based on bad intentions (mala fide), the court can even restore the dismissed State government. Example: The court restored governments in Arunachal Pradesh and Uttarakhand in 2016.

When the President declares a Financial Emergency, Parliament has 60 days to approve it. If the Lok Sabha is dissolved, the Rajya Sabha can approve it first. The Lok Sabha must then approve it within 30 days of its first meeting after being rebuilt. This ensures that the people's representatives agree with the decision. Example: If an emergency is declared on January 1st, Parliament must pass it by March 1st.

An emergency must be approved by both houses of Parliament within one month. This requires a special majority (2/3rd members present and voting). If approved, it lasts for six months. It can be extended indefinitely by getting approval every six months. This ensures that the government is held accountable by the Parliament periodically.

When President's Rule is imposed, the State Assembly is often put in 'suspended animation'. This means the MLAs are still in office, but they cannot meet or pass laws. This is done so that if a new government can be formed later, the Assembly can be restarted without new elections.

The President can only declare a National Emergency based on three specific conditions. First is 'War', which is a legal state of conflict. Second is 'External Aggression', where a foreign country uses force without a formal war. Third is 'Armed Rebellion', which is a violent internal revolt. For example, the 1962 emergency was due to external aggression by China.