1.6 Emergency Provisions - National Emergency, President Rule, Financial Emergency.

SIMPLY SMART

Emergency Provisions in the Indian Constitution

(National Emergency, President’s Rule & Financial Emergency )

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Introduction

Emergency Provisions are included in Part XVIII (Articles 352–360) of the Indian Constitution.
As described by D.D. Basu, these provisions make the Constitution flexible enough to deal with extraordinary situations, allowing the Central Government to take special powers during crises.

Subhash C. Kashyap calls them “the safety-valves of the Constitution.”

India has three types of emergencies:

1. National Emergency – Article 352
2. President’s Rule / State Emergency – Article 356
3. Financial Emergency – Article 360

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I  National Emergency (Article 352)

Grounds of Proclamation

National Emergency can be proclaimed when there is:

• War, or

• External Aggression, or

• Armed Rebellion
  (word substituted for internal disturbance by the 44th Amendment, 1978)

Procedure

• Proclaimed by the President.

• Must be approved by both Houses of Parliament within 1 month.

• Requires special majority (majority of total membership + 2/3 present & voting).

• Continues for 6 months at a time; can be extended indefinitely.

Effects of National Emergency

✔ On Centre–State Relations

• The Union Government becomes more powerful.

• Parliament gets power to make laws on State List subjects.

• Centre can alter distribution of financial resources.

✔ On Fundamental Rights

• Article 19 is automatically suspended (only during war/external aggression).

• Other rights may also be restricted.

• Articles 20 & 21 cannot be suspended.
  (Inserted by 44th Amendment.)

✔ On Executive & Legislature

• Lok Sabha’s term can be extended by 1 year at a time.

⭐ Examples

• 1962 – China War

• 1971 – Indo-Pakistan War

• 1975 – Internal Emergency (most controversial)

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II  President’s Rule / State Emergency (Article 356)

Grounds

President’s Rule can be imposed when:

• The State Government fails to run in accordance with the Constitution.

• Breakdown of constitutional machinery in the state.

• Based on Governor’s report or President’s own judgment.

This is also called “Failure of Constitutional Machinery” or President’s Rule.

Procedure

• Declared by the President.

• Must be approved by Parliament within 2 months.

• Duration:

  • 6 months at a time

  • Can continue for maximum 3 years

  • Beyond 1 year → allowed only if:
    ✓ National Emergency is in operation, or
    ✓ Election Commission certifies elections cannot be held

Effects

• State government dismissed.

• State Assembly may be:

  • Dissolved, or

  • Kept under suspended animation

• President administers the state through the Governor.

• Parliament makes laws for the state.

Misuse & Judicial Review

• Article 356 has been misused many times (highlighted by D.D. Basu).

• S.R. Bommai Case (1994):

  • Strict limits on misuse

  • President’s Rule subject to judicial review

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III Financial Emergency (Article 360)

Grounds

Declared when the President is satisfied that:

➡ The financial stability or credit of India is threatened.

Procedure

• Declared by President.

• Must be approved by Parliament within 2 months.

• No maximum time limit → continues until revoked.

Effects

✔ On Centre–State Relations

• Centre can direct States on financial matters

• State budgets require Central approval.

✔ On Government Employees

• Salaries and allowances of:

  • Central employees

  • State employees

  • Judges of courts
    can be reduced.

✔ On Money Bills

• Certain money bills may require Presidential approval.

Important Note

India has never declared a Financial Emergency till today.

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Importance of Emergency Provisions

• Protect the nation from war & major threats

• Maintain constitutional machinery

• Provide strong central control during crisis

• Ensure financial discipline

• Preserve the unity, integrity & security of India

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Criticisms

• Can weaken federalism

• Possibility of misuse for political reasons

• Suspension of rights can harm democracy

• Historical misuse: 1975 National Emergency & repeated misuse of Article 356

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Conclusion 

Emergency provisions create a balance between flexibility and stability in the Indian Constitution.
As emphasised by D.D. Basu, they ensure that the Constitution can respond to extraordinary situations without collapsing.
Safeguards like the 44th Amendment and judicial review ensure they are not misused.
Together, these mechanisms protect India’s security, unity, and democratic framework during critical times.

— End of Article | Aivette-COI (Constitution of India by Aivette)

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