Emergency in India
Emergency provisions allow the temporary suspension of normal governance to address crises or threats to the nation.
Constitutional Basis
Articles: 352–360, Part XVIII of the Constitution of India.
Purpose: Protect Constitution, democracy, sovereignty, unity, integrity, and financial stability.
Types of Emergency:
National Emergency – Articles 352–354, 358–359
President’s Rule (State Emergency) – Articles 355–357
Financial Emergency – Article 360
1. National Emergency
Grounds
External aggression or war – External threat.
Armed rebellion – Internal threat (replaced “internal disturbance” by 44th Amendment, 1978).
Procedure
Proclamation: President declares emergency under Article 352.
Parliamentary Approval: Must be ratified by both Houses within 1 month.
Duration: Initially 6 months, can be extended by Parliament every 6 months.
Revocation: President can revoke at any time; Lok Sabha can end it by simple majority resolution.
Effects
Centre-State Relations:
Centre can advise states on executive matters.
Parliament can legislate on state subjects.
Central control over financial allocation to states.
Legislature:
Lok Sabha and State Assemblies’ terms can be extended (up to 1 year at a time, max 6 months after emergency ends).
Fundamental Rights:
Article 19 rights are automatically suspended (Art. 358).
Enforcement of other rights may be suspended (Art. 359), not the rights themselves.
Grounds
External aggression or war – External threat.
Armed rebellion – Internal threat (replaced “internal disturbance” by 44th Amendment, 1978).
Procedure
Proclamation: President declares emergency under Article 352.
Parliamentary Approval: Must be ratified by both Houses within 1 month.
Duration: Initially 6 months, can be extended by Parliament every 6 months.
Revocation: President can revoke at any time; Lok Sabha can end it by simple majority resolution.
Effects
Centre-State Relations:
Centre can advise states on executive matters.
Parliament can legislate on state subjects.
Central control over financial allocation to states.
Legislature:
Lok Sabha and State Assemblies’ terms can be extended (up to 1 year at a time, max 6 months after emergency ends).
Fundamental Rights:
Article 19 rights are automatically suspended (Art. 358).
Enforcement of other rights may be suspended (Art. 359), not the rights themselves.
2. President’s Rule (State Emergency)
Grounds
Failure of constitutional machinery in a state (Article 356).
State refusal to comply with Union directives (Article 365).
Procedure
President issues proclamation via Governor.
Parliamentary approval required within 2 months (simple majority).
Governor administers the state on behalf of the President.
Effects
State legislature’s powers exercised by Parliament.
Executive power centralized in Governor under President’s direction.
3. Financial Emergency
Grounds
Threat to financial stability or credit of India or any part (Article 360).
Procedure
President proclaims financial emergency.
Parliament approves within 2 months (simple majority).
Duration indefinite until revoked.
Effects
Union assumes control over states’ financial powers.
Reduction in pay/benefits of all or certain classes of state employees.
Money bills and financial bills reserved for President’s approval.
Grounds
Failure of constitutional machinery in a state (Article 356).
State refusal to comply with Union directives (Article 365).
Procedure
President issues proclamation via Governor.
Parliamentary approval required within 2 months (simple majority).
Governor administers the state on behalf of the President.
Effects
State legislature’s powers exercised by Parliament.
Executive power centralized in Governor under President’s direction.
3. Financial Emergency
Grounds
Threat to financial stability or credit of India or any part (Article 360).
Procedure
President proclaims financial emergency.
Parliament approves within 2 months (simple majority).
Duration indefinite until revoked.
Effects
Union assumes control over states’ financial powers.
Reduction in pay/benefits of all or certain classes of state employees.
Money bills and financial bills reserved for President’s approval.
- Salaries of Supreme Court and High Court judges, and Union employees, can be reduced.
Quick Comparison of Emergencies
| Feature | National Emergency | President’s Rule | Financial Emergency |
|---|---|---|---|
| Article | 352–359 | 356–357 | 360 |
| Grounds | War, external aggression, armed rebellion | Failure of state constitutional machinery | Threat to financial stability/credit |
| Parliamentary Approval | Within 1 month, special majority for extension | Within 2 months, simple majority | Within 2 months, simple majority |
| Effect on States | Centre can legislate on state subjects, control finances | Governor administers state, Parliament exercises legislative power | Centre controls financial powers of states, can reduce salaries |
| Effect on Fundamental Rights | Art. 19 suspended; others may be suspended | No direct effect | No direct effect |
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