Contents
14.1 Introduction ..................................................................................................................................... 14.2
14.2 The Constitution stipulates three types of emergencies ............................................................. 14.2
14.3 National Emergency - Article 352 ................................................................................................... 14.2
14.4 Parliamentry Approval and Duration .............................................................................................. 14.3
14.5 President Rule (Failure of Constitutional Machinery in State) - Article 356 ................................ 14.3
14.6 Parliamentry Approval and Duration .............................................................................................. 14.4
14.7 Financial Emergency - Article 360 .................................................................................................. 14.5
14.8 Parliamentary Approval and Duration ............................................................................................ 14.5
14.9 References ....................................................................................................................................... 14.5
14.1 Introduction
The emergency provisions are contained in part XVIII of the constitution, from Articles 352 to
360.
National Emergency is mentioned in Article 352 and presidents rule is mentioned in Article 356 of
the Indian Constitution.
During an Emergency, the Central Government becomes all-powerful and the states go into the
total control of the Centre.
It converts the federal structure into a unitary one without a formal amendment of the
Constitution.
14.2 The Constitution stipulates three types of emergencies
National Emergency
An emergency due to war, external aggression or armed rebellion (Article 352).
This is popularly known as 'National Emergency.
However, the Constitution employs the expression 'proclamation of emergency' to denote an
emergency of this type.
President's Rule
An Emergency due to the failure of the constitutional machinery in the States (Article 356).
This is popularly known as 'President's Rule'. It is also known by two other names- 'State
Emergency' or 'Constitutional Emergency.
However, the Constitution does not use the word 'emergency' for this situation.
Financial Emergency
Financial Emergency due to a threat to financial stability or
the credit of India (Article 360).
This type of emergency is never proclaimed in India.
14.3 National Emergency - Article 352
Article 352 of the Indian Constitution talks about the National Emergency.
Under Article 352, the President can declare a national emergency when the security of India or a
part of it is threatened by war or external aggression or armed rebellion. It may be noted that the
president can declare a national emergency even before the actual occurrence of war or external
aggression or armed rebellion if he is satisfied that there is an imminent danger.
National Emergency is imposed whereby there is a grave threat to the security of India or any of
its territories due to war, external aggression or armed rebellion. Such emergency shall be
imposed by the President on the basis of a written request by the council of ministers headed by
the Prime Minister. When they are satisfied that there is an imminent danger thereof.
Every proclamation is required to be laid before each House of Parliament, it will cease to operate
after one month from the date of its issue unless in the meantime it is approved by the
Prof. Paras G.Vegada Department of Mechanical Engineering
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Parliament the proclamation may continue for a period of 6 months unless revoked by the
President.
For the further continuance of emergency, the resolution has to be passed by either House of
Parliament by a majority of not less than two.-third members of the Houses.
During the times of such emergency, the executive, legislative and financial power rests with the
Centre whereas the state legislature is not suspended.
The Union Government under Article 250 of the Constitution gets, the power to legislate in
regards to subjects enumerated in the State List.
ExceptArticle 20 and 21, all the Fundamental Rights are suspended
Under Article 359, the President may suspend the right to move to the Courts for enforcement of
Fundamental Rights during the time 'of emergency.
National Emergency has been imposed thrice in the country in 1962 at the time of Chinese
aggression, in 1971during the Indo-Pak war, in 1975 on the grounds of internal disturbances.
14.4 Parliamentary Approval and Duration
The proclamation of Emergency must be approved by both the Houses of Parliament within one
month from the date of its issue. Originally, the period allowed for approval by the Parliament
was two months but was reduced by the 44th Amendment Act of 1978.
However, if the proclamation of emergency is issued at a time when the Lok Sabha has been
dissolved or the dissolution of the Lok Sabha takes place during the period of one month without
approving the proclamation, then the proclamation survives until 30 days from the first sitting of
the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the Houses of Parliament, the emergency continues for six months and can
be extended to an indefinite period with the approval of the Parliament every six months.
This provision for periodical parliamentary approval was also added by the 44th Amendment Act
of 1978. Before that, the emergency, once approved by the Parliament, could remain in operation
as long as the Executive (cabinet) desired. However, if the dissolution of the Lok Sabha takes
place during the period of six months without approving the further continuance of Emergency,
then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its
reconstitution, provided the Rajya Sabha has in the mean-time approved its continuation.
Every resolution approving the proclamation of emergency or its continuance must be passed by
either House of Parliament by a special majority, that is, (a) a majority of the total membership of
that house, and (b) a majority of not less than two-thirds of the members of that house present
and voting. This special majority provision was introduced by the 44th Amendment Act of 1978.
Previously, such resolution could be passed by a simple majority of the Parliament
14.5 President Rule (Failure of Constitutional Machinery in State) - Article 356
It is also known as State Emergency.
Article 256 talks about the failure of constitutional machinery in the state also known as the
President's Rule.
If the President on Governor's report or otherwise is satisfied that the situation has arisen that
the Government can not be carried in accordance with the constitutional provisions then, he may
issue State Emergency.
Prof. Paras G.Vegada Department of Mechanical Engineering
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President can declare emergency either by the report of the Governor or he himself is satisfied
that the situation is such that the emergency has to be imposed.
But at times, the President may declare an emergency when a report is not received from the
Governor.
This was done by President Venkataraman in 1991 in the State of Tamil Nadu even though he did
not receive a. report from the Governor.
After the 42nd Amendment of the constitution the: State Emergency was made immune from
judicial review. But later in the 44th Amendment the legality of President's rule could be
challenged.
The proclarnation relating to state emergency shall be laid before each House of Parliament
unless both Houses approve. it, the emergency shall cease to have effect after the expiry of a
period of two months.
Further, the duration of proclamation can be extended to 6 months each time by both Houses of
Parliament passing resolution approving its continuance.
Beyond the period of a year, the proclamation can only be continued if the Election commission
certifies that it is not possible to hold an election in the State or that territory
Following are the consequences of State Emergency
The President assumes all the executive power of the State himself. The state administration
runs by him or any person appointed by him generally the Governor.
During such proclamation, the state assembly is either dissolved or suspended. But the MLA,s do
not lose their membership of the Assembly
Parliament makes laws regarding the state list. The parliament only passes the budget for the
State.
The High Court of the state functions independently.
The President also proclaims ordinances in the State
During the State Emergency, the Union Government has absolute control over the State except for
the judiciary
If one looks at the past instances of State Emergency in the country three common grounds
emerge that have been invoked underArtical 356: breakdown of law and order, political instability,
corruption and maladministration
14.6 Parliamentary Approval and Duration
A proclamation imposing President’s Rule must be approved by both the Houses of Parliament
within two months from the date of its issue.
However, if the proclamation of President’s Rule is issued at a time when the Lok Sabha has been
dissolved or the dissolution of the 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 Lok Sabha after its reconstitution, provided the Rajya Sabha approves it in the
meantime.
If approved by both the Houses of Parliament, the President’s Rule continues for six months. It
can be extended for a maximum period of three years with the approval of the Parliament, every
six months.
Prof. Paras G.Vegada Department of Mechanical Engineering
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However, if the dissolution of the Lok Sabha takes place during the period of six months without
approving the further continuation of the President’s Rule, then the proclamation survives until 30
days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has
in the meantime approved its continuance.
14.7 Financial Emergency - Article 360
The President under Article 360 of the Constitution has the power to declare Financial Emergency
if he is satisfied that the financial stability or the credit of India or any part of its territory is
threatened.
It has to be laid before both the Houses of Parliament and ceases to operate at the expiration of
two months unless meanwhile approved by the resolution of Houses.
During the operation of Financial Emergency, the executive authority of the union extends to the
giving of directions to any state to observe certain specified canons of financial propriety and
such other directions that the President may find necessary.
The directions may include reduction of salaries or allowance of those serving a state, of all
those in connection with the affairs of the union including judges of High Court and Supreme
Court. There has been no occasion of Financial Emergency in India.
Effects of Financial Emergency
The proclamation of Financial Emergency may have the following consequences:
The Union Government may give direction to any of the States regarding financial matters.
The President may ask the states to reduce the salaries and allowances o1'all or any class of
persons in government service.
The President may ask the States to reserve all the money bills for the consideration of the
Parliament after they have been passed by the State Legislature.
The President may also give directions for the reduction of salaries an<l allowances of the
Central Government employees including the Judges of the Supreme Court and the High Courts.
14.8 Parliamentary Approval and Duration
A proclamation declaring financial emergency must be approved by both the Houses of
Parliament
within two months from the date of its issue. However, if the proclamation of Financial
Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the
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 Lok Sabha after its
reconstitution, provided the Rajya Sabha has in the meantime approved it. Once approved by both
the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked. This
implies two things:
1. There is no maximum period prescribed for its operation; and
2. Repeated parliamentary approval is not required for its continuation.
14.9 References
M Laxminath “Indian Polity” 4th Edition 2013 Tata McGraw Hill Publication.
Prof. Paras G.Vegada Department of Mechanical Engineering
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Durga Das Basu” Introduction to Constitution of India”
Tejpal Sheth” Indian Constitution”1st Edition 2018 Mahajan Publication.
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