Emergency Provisions – Complete UPSC Notes
! 1. Why Emergency Provisions?
• Part of Constitutional safety valves.
• To protect sovereignty, integrity, unity during crises.
• Derives from Weimar Constitution of Germany.
• Indian Constitution provides extraordinary powers to the Centre during
emergencies.
! 2. Types of Emergencies
Type Article Also Called
1. National Emergency Article 352 War, External Aggression, Armed Rebellion
2. President’s Rule Article 356 State Emergency
3. Financial Emergency Article 360 Economic Crisis Emergency
" 1. National Emergency – Article 352
! A. Grounds:
• War
• External Aggression
• Armed Rebellion (added by 44th Amendment; earlier called Internal
Disturbance)
✅ Can be declared for whole or part of India.
! B. Proclamation Procedure:
• By President, on written advice of the Cabinet (not just CoM) – 44th
Amendment.
• Must be approved by both Houses within 1 month (earlier was 2
months).
• Once approved, continues for 6 months, and can be extended indefinitely
by repeated 6-month approvals.
✅ Extension needs approval every 6 months by both Houses with special
majority.
! C. Effects of National Emergency:
1. Centre-State Relations:
• Centre becomes all-powerful.
• Can direct State governments, even on State subjects.
2. Legislative Powers:
• Parliament can make laws on State List items.
• Laws made during emergency remain valid after emergency ends, but
can be repealed by Parliament.
3. Executive Powers:
• Centre can give executive directions to states.
4. Fundamental Rights Impact:
Right Status
Article 19 Automatically suspended during War/External Aggression only
Articles 20, 21 Never suspended
Other FRs Can be suspended by President under Article 359
✅ Article 19 is not suspended during Armed Rebellion.
! D. Revocation of Emergency:
• Can be revoked anytime by the President.
• Does not need parliamentary approval.
• Lok Sabha can force revocation if majority of total members sign a
disapproval notice.
! E. Historic Use:
Year Reason PM
1962 Sino-Indian War Nehru
1971 Indo-Pak War Indira Gandhi
1975 Internal Emergency (controversial) Indira Gandhi
✅ Only the 1975 Emergency was declared on the ground of Internal Disturbance
(now replaced with Armed Rebellion).
" 2. President’s Rule – Article 356
! A. Grounds:
• When Constitutional machinery fails in a state.
• Also under Article 365: if a state fails to obey Central directions.
✅ Proclaimed by President based on:
• Governor’s report, or
• Suo moto discretion
! B. Procedure:
• Must be approved by both Houses within 2 months.
• Continues for 6 months at a time.
• Can be extended up to 3 years (with conditions after 1 year).
✅ After 1 year, extension needs:
1. National Emergency in place, OR
2. Election Commission certifies elections can’t be held.
! C. Effects:
1. State Assembly suspended or dissolved
2. President governs through Governor
3. Parliament can legislate on State subjects
4. Governor becomes de facto ruler
! D. Judicial Review:
• Subject to judicial review (S.R. Bommai case 1994)
• Supreme Court laid down strict guidelines to avoid misuse
! E. Historical Facts:
• Used over 125 times in various states.
• S.R. Bommai Case = Landmark ruling limiting misuse of Article 356.
" 3. Financial Emergency – Article 360
! A. Grounds:
• When the financial stability or credit of India or part thereof is
threatened.
! B. Procedure:
• Declared by President.
• Must be approved by both Houses within 2 months.
✅ Never declared in India so far.
! C. Effects:
1. Centre can reduce salaries of:
• Central and State government employees
• Judges of High Court and Supreme Court
2. President can direct states to:
• Follow financial propriety
• Submit reports on financial matters
3. Parliament’s control over states increases in financial matters
! 4. Comparison of Emergencies
Feature National (Art. 352) President’s Rule (356) Financial (360)
Who declares President President President
Approval needed Within 1 month Within 2 months Within 2 months
Duration 6 months, indefinite Max 3 years Until revoked
State Assembly Not affected directly Suspended or dissolved Not affected
FR Suspension Yes (Art. 19 & others) No No
Use frequency3 times 125+ times Never
! 5. Important Articles
Article Provision
352 National Emergency
356 President’s Rule (State Emergency)
360 Financial Emergency
358 Suspension of Article 19
359 Suspension of other FRs during emergency
365 Centre-State direction default (for 356 use)
! 6. Memory Trick – “NEED PROPER FUNDING”
N – National Emergency (352)
E – Effects on FRs (358, 359)
E – Extension with Parliament’s approval
D – Duration: 6 months (all)
P – President’s Rule (356)
R – Revocation anytime
O – Overuse in states (125+ times)
P – Parliament can legislate on state subjects
E – Emergency needs Cabinet approval
R – Real impact on Centre-State relations
F – Financial Emergency (360)
U – Unused so far
N – Not for trivial reasons
D – Discretion must follow SC guidelines
✅ Conclusion:
Emergency provisions provide extraordinary powers to protect India’s integrity
but must be used rarely and responsibly. UPSC expects you to compare, analyze
misuse, and know landmark cases like S.R. Bommai.
