Emergency Provisions in Indian Constitution: History, Types & More | UPSC Notes

In India, a state of emergency is a designated period of rule that the President of India can declare in response to specific crisis scenarios. Based on the guidance of the cabinet of ministers, the President has the authority to suspend numerous provisions of the Constitution that ensure the protection of Fundamental Rights for Indian citizens. There are three types of emergencies: national, state, and financial. During an emergency, fundamental rights can be suspended or restricted. The President of India has the authority to declare an emergency based on the advice of the cabinet. Emergency provisions address serious threats to the nation's security, stability, or financial integrity.

Emergency Provisions UPSC is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

From the UPSC CSE point of view, read the full article on Emergency Provisions in Indian Constitution UPSC to know more details about the emergency provisions mentioned in the Constitution of India.

What are Emergency Provisions in Indian Constitution?

Emergency Provisions are constitutional provisions in India that empower the President to take certain extraordinary actions during times of emergency. These provisions are outlined in Articles 352, 356, and 360 of the Indian Constitution.

Background of Emergency Provisions

Emergency provisions in Indian constitution are mentioned in part XVIII of the Indian constitution from Article 352-360. These provisions help the central government to tackle any abnormal situations. These provisions help federal nature transform into unitary nature. The central government becomes more powerful and has the authority to control the state.

There are different emergency provisions mentioned in the constitution. Types of emergency in india are listed below.:

• National Emergency enlisted under Article 352,
• President’s rule enlisted under Article 356 and
• Financial Emergency enlisted under Article 360 

Read the article on the Major Features of the Constitution!

Types of Emergencies in the Constitution

Check out the article on the Indian Parliament And its Functions here.

National Emergency

National Emergency in India is declared due to war, external aggression, or armed rebellion. The President can suspend or restrict fundamental rights guaranteed by the Constitution. A national emergency requires parliamentary approval to remain in effect beyond six months. It is a temporary measure intended to restore normalcy and stability in the country.

Grounds of declaration of National Emergency

Under Article 352 of Indian constitution, the president of India declares a national emergency when the security of India or a part of it, there is threat:

• External emergency
  • War- When armed forces are used between two countries.
  • External aggression- When there is no formal declaration for the use of armed forces.
• Internal emergency– Armed rebellion (earlier known as internal disturbance, the term included by the 44th Constitutional Amendment Act).

Implementation of National Emergency

This type of emergency was implemented thrice in 1962, 1971 and 1975. In October 1962, it was issued due to Chinese aggression in the NEFA. It was in effect till January 1968. In December 1971, the emergency was due to the attack by Pakistan. In June 1975, the third proclamation was made, revoked in March 1977, along with the emergency of 1971.

President’s Rule

Under Article 355, it is the duty of the centre to ensure that the provisions of the constitution carry on the governance of every state. In case of failure of constitutional machinery in a state, the centre takes over the government of a state under Article 356. It is popularly known as the ‘President’s Rule.’

Parliamentary approval

Both houses of parliament must approve the emergency proclamation within one month from its issue date. The proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has approved it. After both houses approve, the Emergency can be issued for 6 months and extended indefinitely. A special majority must pass a resolution for approving the emergency proclamation or its continuance by either House of Parliament.

Judicial review

Earlier National emergency was immune to judicial review (Under the 38th Amendment Act of 1975). This provision was subsequently changed by the 44th Amendment Act of 1978. The Supreme Court held that National Emergency could be challenged in the court in the Minerva Mills case (1980).

Revocation of proclamation

Emergency may be revoked by the President at any time by a subsequent proclamation which does not require parliamentary approval. The Lok Sabha can pass a resolution by a simple majority disapproving of its continuation.

Effects of National Emergency

The declaration of national emergencies has significant implications for both individual rights and state sovereignty:

• It transforms the federal structure of the constitution into a unitary one, granting the Central government increased powers. Parliament gains the authority to legislate for the entire country or specific regions, except in areas mentioned in the State List.
• The Government of India can issue directives to the states regarding the exercise of their executive powers.
• During an emergency period, the Lok Sabha can extend its tenure by one year at a time. Similarly, the term of state legislatures can also be extended in the same manner, beyond six months after the initial proclamation.
• The President is empowered to alter the distribution of resources between the Union and the States during an emergency.
• Under Article 19, fundamental rights are suspended immediately and remain restricted until the conclusion of the emergency.
• According to Article 358, the Fundamental rights under Article 19 are automatically suspended in a national emergency.

Know more about the Preamble to the Indian Constitution here.

State Emergency

The responsibility of the Union Government is to ensure that the administration of a State complies with the Constitution's requirements. Article 356 specifies that if, based on information from the Governor of the State or other sources, the President believes that a state government is unable to function smoothly, a proclamation of President's Rule may be issued. In such a scenario, the President's declaration of emergency is referred to as a "breakdown of constitutional machinery.

Consequences of a State Emergency

The President can assume some or all of the functions of the state government except for those related to the High Court. The President can direct that state legislative powers be exercised by or under the authority of Parliament. The proclamation may specify the necessary or proper provisions for its implementation. However, the President cannot assume or interfere with any statutory duties related to the High Court. In India, there have been a total of 126 instances of President's Rule until 2018, with the highest number of 35 proclamations occurring during Indira Gandhi's tenure.

Know more about the Parliamentary System in India here.

Financial Emergency

A financial emergency in India is declared due to a severe financial crisis. The President of India declares it. The central government gains additional powers during a financial emergency to address the financial crisis effectively. The President can issue directions to the states to follow certain financial measures. A financial emergency requires parliamentary approval to remain in effect beyond two months. It is a temporary measure intended to stabilize the country's financial situation.

Grounds of Declaration

Under Article 360, the president can proclaim a Financial Emergency when there is a threat to India's financial stability or credit or any part of its territory.

Parliamentary Approval and Duration

The proclamation needs to be approved by both Houses of Parliament within two months from the date of its issue. Such an emergency continues indefinitely till it is revoked Once approved by both houses of Parliament.

Effects of Financial Emergency

During a financial emergency in India, the executive authority of the Union over the financial matters of the states is enhanced. The salaries and allowances of individuals serving in the state, including Supreme Court and High Courts judges, can be reduced. Money bills or other financial bills passed by the state legislature can be reserved for the President's consideration.

Read the article on the Types Of Majorities In The Indian Parliament!

Criticism of the Emergency Provisions in Indian Constitution

The federal character of the Constitution is destroyed in case of an emergency. The powers of the state are entirely concentrated in the hands of the union executive, and the president may become a dictator. The financial autonomy of the state gets nullified. Fundamental rights are suspended and may become meaningless, which destroys the democratic foundation of the Constitution.

Testbook offers daily test series, quizzes, mock tests and updated current affairs that are accurate and updated to prepare for UPSC/IAS, UPSC/CAPF, Banking, Railways, SSC and other such competitive examinations. These short notes will help you to get a good grasp on the topic for your exam for starting your UPSC/IAS civil service examination.You can now easily access all this. Just download our Testbook App Now!