Article 352 to 360 of the Indian constitution deals with the provisions/rules related to the emergency, that enable the central government to meet any abnormal situation effectively.
In a certain situation, to safeguard the sovereignty, unity, integrity, and security of the country and the democratic system of the constitution, the president of India can declare an emergency, based on certain situations. Under an emergency situation, the President can overrule certain provisions of the constitution including fundamental rights.
Emergency provisions alter the power structure, under this central government becomes all-powerful and converts the federal structure into the unitary one without any formal amendment to the constitution.
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For the first time, the President’s Rule was imposed in Punjab in 1951 and the national emergency is declared three times so far- in 1962, 1971 and 1975.
When the ground of emergency is war, external aggression, and armed rebellion, it is known as National Emergency. (Note- Due to the vagueness of the term Internal disturbance, 44th Amendment Act 1978 substituted it with Armed Rebellion).
National Emergency is also categorized into two parts. One includes the declaration of emergency on the ground of war or external aggression, it is known as External Emergency. Other on the ground of Armed Rebellion, Known as Internal Emergency.
National Emergency can be applied to the entire country or to any part of the country (Limiting the operation to any part of the country is enabled by the 42nd Amendment Act 1976).
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National Emergency can be declared by President only, after receiving a written recommendation from the cabinet.
Both houses of parliament are required to pass the proclamation of emergency with a special majority within one month from its issue date. (Special Majority- a majority of the total membership of the house and a majority of not less than two-thirds of members of the house present and voting).
After its approval by both houses of parliament and declaration by the President, it continues for six months at a time and can be extended to an indefinite period with parliamentary approval every six months. (Note- Periodic parliamentary approval added by the 44th Amendment Act 1978)
With a subsequent proclamation, the President can revoke the emergency if only Lok Sabha passes a resolution disapproving its continuation with a Simple Majority.
Article 358- It deals with the suspension of fundamental rights guaranteed under article 19 of the constitution.
Article 359- It deals with the suspension of other fundamental rights except for articles 20 and 21.
President’s Rule is also known as State Emergency or Constitutional Emergency. If any state fails to comply with the direction of the centre or there is any failure of constitutional machinery, President rule can be imposed on the such state.
President’s decision to declare President’s rule on any state can be based on the report of the Governor of the state or he can act otherwise too.
As per the emergency provisions made under the constitution, to impose the President’s Rule on a state, a proclamation must be approved by both houses of parliament within two months of time. After approval, it continues for six months at a time and can be extended for three years in total with the approval of parliament every six months.
It only requires approval by a simple majority in either house of parliament.
If the parliament wants to extend the proclamation of the President’s Rule beyond one year, it has to fulfil two conditions-
one is, that there must be an operational national emergency in the entire country or in whole or any part of the state, another is, that the Election Commission must have certified that the election to the legislative assembly cannot be held due to certain difficulties in that state.
The President of India can revoke the President’s Rule with a proclamation and such a proclamation does not require any parliamentary approval.
If any situation has arisen that can threaten the financial stability or credit of India or any part of its territory, the President is empowered to Proclaim the Financial Emergency. It is important to note that the satisfaction of the President to impose the Financial Emergency comes under the ambit of judicial review.
The proclamation regarding financial emergency must be approved by either house of the parliament within two months of time only with a simple majority. Once came into force, the financial emergency must continue indefinitely till it is revoked i.e., in this there is no need for repeated parliamentary approval for continuation.
Revocation of a Financial Emergency is also done by President with a subsequent proclamation that does not require any parliamentary approval.
Article Written By: Priti Raj
