INTRODUCTION.

• Emergency is a notable Constitutional feature used in different countries, depending upon the
socio-political circumstances for regulation of peace and national stability. Indian constitution, at
the time of its making had included emergency provisions for the National regulation, during
severe infringement of peace and security.

• After gaining independence, the provisions of emergency had been put into use in a number of
times, as the nation had been facing many hurdles and dilemma in maintaining security of the
nation. The various types, provisions of emergency, etc. are being explained in detail in the
following slides.

EMERGENCY AND ITS PROVISIONS.

• The very word meaning of term “emergency” refers to the serious, unexpected and dangerous
situation that do require an immediate action. After witnessing first and 2nd World War,
Constitution makers had included provisions for national protection.

• Dr.B.R.Ambdekar had told that Indian Federation had been extremely unique during the times
of emergency, as it had been converting itself into an entirely unitary system. In India,
emergency provisions are such that Constitution itself enables the Central Government to acquire
strength of Unitary Government

HISTORICAL BACKGROUND OF EMERGENCY DECLARATION.

• A state of emergency refers to a period of governance, proclaimed by president of India during

Crisis situations. Constitution of India has borrowed emergency provisions from Weiner
Constitution of Germany & Govt. Of India Act, 1935. Thus these 2 could be marked as the major
sources.

• Only under the advice of Cabinet Ministers or council of ministers, President can overrule
many Constitution provisions, that guarantees Fundamental Rights to President of India.
• During emergency proclamation, restrictions are imposed upon freedom of people &
Emergency provisions are included in a separate part-18 under articles 352-360. Emergency is
imposed under some 'special’ circumstances and they are,

1. External aggression/ War

2. Internal Disturbances
3. Armed Rebellion
4. Financial Crisis

CONSTITUENT ASSEMBLY DEBATES ON EMERGENCY DECLARATION.

• Debate in Constituent Assembly members: on the need to include Emergency provisions in the
Constitution.

• Graniville Austin, A.K.Ayyar, K.M. Munshi – STAUNCH SUPPORTERS ON CURBING

RIGHT TO FREEDOM.

• K.M. MUNSHI: supported that both provincial & Union govts. Should be given right to
suspend right to freedom during emergency.

• A. K. Ayyar: rights in constitution enshrined to be subjective to public order, safety and

security.

• They had also given examples of disturbances in Bengal, Assam & Communal Riots in Punjab
and NWFP.

• 3 members had objected to these suggestions to suspend Fundamental Rights: K.T.Shah, H.V.
Kamath & H.N.Kunjru
• H.N.Kunjru : Financial emergency provision : a serious threat to financial autonomy of States.

• After deliberation of both types of views – those who supported suspension of rights during
emergency and those who opposed suspension. Committee finally had prepared a new version on
Suspension of Fundamental Rights during emergency.

• New version: didn’t support arbitrary suspension of democratic rights during emergency.

• Article 32: Suspension of taking resource to Constitutional Remedies. Right to Constitutional

Remedies.

• Suspension of Fundamental Rights had been kept out of Judicial Review – till passage of 44th
Constitutional Amendment in 1978

TYPES OF EMERGENCIES.

• During emergency period, all activities were carried out in the name of President, where PMI
had occupied all powers.
• As per Indian Constitution, 3 major types of emergencies are,
1. National Emergency
2. State Emergency
3. Financial Emergency.
• The emergency provisions could be better understood by delving deeper into the topic, which
are being done in upcoming slides.

1. NATIONAL EMERGENCY.
• Constitution of India do employ expression: proclamation of emergency to denote this type.
• As per article 352[A], national Emergency can be proclaimed in India during war, external
aggression, internal disturbances, or armed rebellion in whole of India or part of it.
• 44th Constitutional Amendment had substituted term 'internal disturbance’ with 'armed
rebellion’.
• Articles 358 and 359, authorities President the powers to suspend Fundamental Rights, except
to: Art.20 – right to protection in respect to conviction for offences & art.21: right to life and
personal liberty.
• Union Govt. Powers extends to jurisdiction of legislatures & executives in States
• Union government during National Emergency gives proper direction and guidelines to the
states in how power should be exercised. Parliament could make laws not mentioned in the
Union List, and also include matters in State List (art.250).
• Art.253: President has Constitutional powers modify constitution provisions relating to
allocation of financial resources between Union and states.
• Since Independence, there had been 3 instances of declaration of National Emergency and they
are as follows,
1. During Indo-China War from 26th October 1962 to 10th January 1968.
2. Indo-Pak War from 23rd December 1971 to 21st March 1977.
3. Emergency Declaration by President Fakhruddin Ali Ahammad, as per direction of Indira
Gandhi – from 25th June 1975 to 21st March 1977
• National Emergency declaration in the first 2 instances had been clamped down due to wars
with other countries, whereas 3rd instance was due to the reasons given by Central Govt. With
reference to “internal disturbances” in the Country.
• It had been in Minerva Mills Case of 1980, that Supreme Court had held that National
Emergency could be challenged in Court on ground of malafide or the declaration had been
based on wholly extraneous as well as irrelevant facts.
• Parliament could extend the normal tenure of a State Legislative Assembly by one year each
time during a national emergency, subject to maximum period of 6 months after emergency has
ceased to operate

2. STATE EMERGENCY.
• Under provisions of article 356, President’s rule could be imposed on states due to failure of
constitutional machinery. All states in India except newly created 2 states: Chattisgarh and
Telangana, had been under state emergency/ President’s Rule at different times.
• State Emergency is imposed by President if he’s satisfied with the report of Governor that
there’s a breakdown of Constitutional machinery in the State.
• Its mentioned out that proclamation imposing president’s rule has to be approved by both
houses of parliament within 2 months from the date of its issue.
• President’s rule is declared in States on following grounds:
(a) Breakdown of the Coalition
(b) elections not being conducted due to imminent reasons
(c) if State legislature fails to elect a leader as Chief Minister
(d) loss of majority in the assembly.
• During state emergency, governor of the state acts as representative of President of the Centre,
also known as Central rule in the states.
• Except in the State of Jammu and Kashmir CENTRAL rule is known as president’s rule, while
J &K will be under governor’s rule.
• Even though 38th Amendment of 1975 had made satisfaction of President in invoking article
356 be made final, conclusive and couldn’t be challenged in any court on any ground.
• The 44th amendment of 1978 had implied that satisfaction of President is not beyond Judicial
Review. Therefore the functions of the President’s rule don’t cover Judiciary

3. FINANCIAL EMERGENCY.
• Article 360 empowers President of India to proclaim Financial emergency, if he is satisfied that
a situation has arisen due to which Financial ability or credit of India or any part of its territory is
threatened.
• In India, Financial emergency hadn’t been imposed.
• If Financial emergency has to be declared, it must have to be approved by Parliament within 2
months of promulgation.
• If Lower House is dissolved at the time of proclamation of financial emergency, it will cease to
exist on expiry of 30 days from date of first meeting after its reconstitution
• Under situation of Financial emergency, President has the authority to reduce salaries of all
govt. officials, including supreme court and high court judges.
• During financial Emergency, reservation of all money bills or other financial bills are kept for
the consideration of the president after they are passed by legislature of State under article 207.
• Due to the benefits under Article 370, Indian Union have no power for promulgation of
financial Emergency in Jammu and Kashmir

HAD EMERGENCY PROVISIONS BEEN MISUSED IN INDIA?

• Even though there had been 3 times of emergency declaration, 1975 national emergency had
been cited as the Dark phase in Independent India’s history, as during this period even though
internal disturbances had been cited as reason for proclamation, there had been many factors that
made President of India to declare emergency.
• Though some reasons cited had been Navnirman Andolan in Gujarat, Protest movements in
Country, the most important cause was the Court Verdict on June 12 by 1975 Allahabad High
Court, which had convicted Prime Minister Indira Gandhi of electoral malpractices, and had also
debarred her from holding any elected post

• Soon after verdict was out, emergency had been declared in name of internal disturbances.
Historians, law interpreters and political analysts had marked this to be the severe misuse of
emergency provisions in the Post-independence India.
• Scholars had opined that 1975 emergency had been different apart from 1962 and 1971, as even
though Internal disturbances and protests may had been there, it must have been brought to peace
rather than going for a National declaration, which had made the lives of millions to be miserable
In the name of continuing reign of power.
• Thus, it could be cited that there had been an unfortunate misuse of constitutional emergency
provision in the history of modern India

CRITICAL ANALYSIS.

• Emergency provisions had been kept for proper regulation of the state, when it faced severe
disturbances from within or open wars from hostile neighboring nations. Critically, I infer that it
must have to be used as a last Sort of resort. Being properly used as per situation, provisions of
emergency could bring peace and stability.

• But on the contrary, if rulers become dictatorial, or develop the greedy fascination to be
omnipotent for power control, these provisions will be surely misused. Check and balance
system of power has to be ensured for making sure that this lethal weapon of emergency is not
being misused under any circumstances

CONCLUSION.
• This presentation has been intended for developing a definite vision on what’s provision of
emergency in India, it’s Constitutional history and background, sources from where it had been
borrowed, and types of emergency. After going through this presentation, one must thus be able
to have a general idea in various aspects of emergency in India. Emergency provisions must be
put under proper regulation of the nation only as the last resort, as I have already stated.
Otherwise it will be rampantly misused by leaders who are greedy of power and authority to
control the nation, not only in the case of India, but also other nations across the World.