Emergency : Part XVIII

The Emergency Provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively, transforming the federal structure into a unitary one without a formal amendment.

I. National Emergency (Article 352)

1. Grounds for Proclamation

• War: Formal declaration of war.

• External Aggression: Hostilities without a formal declaration.

• Armed Rebellion: Added by the 44th Amendment (1978), replacing the vague term "Internal Disturbance."

• Scope: Can be applied to the whole of India or a specific part (42nd Amendment).

2. Parliamentary Approval & Duration

• Approval Window: Must be approved by both Houses within one month (originally two months; changed by 44th CAA).

• Majority: Special Majority (Majority of total membership + 2/3rd members present and voting).

• Duration: Valid for 6 months. Can be extended indefinitely, but requires approval every 6 months.

• Revocation: By the President at any time. Or, if the Lok Sabha passes a resolution by a simple majoritydisapproving it (1/10th members can request a special sitting).

3. Impact on Fundamental Rights

• Article 358: Automatic suspension of the six freedoms under Article 19. This only applies in cases of War or External Aggression (not Armed Rebellion).

• Article 359: Manual suspension of the enforcement of other rights by Presidential order.

• The Non-Negotiables: Under no circumstances can the enforcement of Articles 20 and 21 be suspended (44th CAA).

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

1. Grounds for Proclamation

• Article 356: If the State government cannot be carried on in accordance with the Constitution (Failure of Constitutional Machinery).

• Article 365: If a State fails to comply with directions from the Union.

2. Parliamentary Approval & Duration

• Approval Window: Two months.

• Majority: Simple Majority.

• Duration: Initially 6 months. Maximum limit: 3 years.

• The One-Year Rule: Beyond one year, it can only be extended if a National Emergency is in operation or the Election Commission certifies that elections cannot be held (44th CAA).

3. Impact on Governance

• Executive: State Council of Ministers is dismissed; the Governor administers the State on behalf of the President.

• Legislative: State Assembly is either suspended or dissolved. Parliament makes laws for the State.

• Article 357: Parliament can delegate law-making power to the President and authorize Union officers to manage state affairs.

III. Financial Emergency (Article 360)

1. Grounds for Proclamation

• If the Financial Stability or Credit of India (or any part) is threatened.

2. Parliamentary Approval & Duration

• Approval Window: Two months.

• Majority: Simple Majority.

• Duration: Indefinite. Once approved, it continues until revoked. No periodic approval is needed.

3. Major Consequences

• The Union can direct States to observe canons of financial propriety.

• Reduction of salaries and allowances of all persons serving the State or Union, including Judges of the Supreme Court and High Courts.

• Reservation of all Money Bills/Financial Bills for the President's consideration.

IV. The "Super Matrix" Comparison Table

V. Landmark Supreme Court Judgments

1. Minerva Mills Case (1980): Ruled that the proclamation of National Emergency can be challenged in court on the grounds of malafide.

2. S.R. Bommai Case (1994): * President's Rule is subject to Judicial Review.

   • Floor Test is the only way to prove a majority.

   • Secularism is a basic feature; its violation can trigger Art 356.

   • Court can restore a dismissed government if the proclamation is unconstitutional.

VI. History of Emergencies in India

• National Emergency: Declared 3 times.

  • 1962 (Indo-China War).

  • 1971 (Indo-Pak War).

  • 1975 (Internal Disturbance - the most controversial).

• President's Rule: Imposed over 125 times. First in Punjab (1951). Frequently misused in the 70s and 80s for political vendettas.

• Financial Emergency: Never declared in India so far.

🚨 UPSC Trap Points (Checklist)

• Written Advice: The President can only proclaim a National Emergency (352) on the written advice of the Cabinet. This does not apply to Art 356 or 360.

• The "Otherwise" Clause: Under Art 356, the President can act even without a report from the Governor.

• Suspension of Rights: Art 19 is only suspended during External National Emergency. It is NOT suspended during an emergency declared on the ground of Armed Rebellion.

• Judicial Salaries: These are protected in every situation except Financial Emergency (Art 360).

• Legislative Status: During National Emergency, the State Legislature is not dissolved; during President’s Rule, it is usually suspended or dissolved.