Emergency Provisions in Indian Constitution

Emergency Provisions in the Indian Constitution : In India, the Constitution stands as a powerful, living document that ensures stability, democracy, and justice. Among its numerous provisions, the emergency provisions in the Indian Constitution are of utmost importance.

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What are the Emergency Provisions?

Constitutional Provisions Related to Emergency

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Types of Emergency Provisions in Indian Constitution

1. National Emergency (Article 352): Declared during the war, external aggression, or armed rebellion.
2. State Emergency (Article 356): Also called President’s Rule, it is invoked when a state's constitutional machinery fails.
3. Financial Emergency (Article 360): This emergency arises when the financial stability or credit of India is under threat.

National Emergency

• Types: When declared due to ‘war’ or ‘external aggression’, it is called an External Emergency, whereas when triggered by ‘armed rebellion’, it is referred to as an Internal Emergency .
• Approval: Must be approved by both Houses of Parliament within one month from the date of its issue. (If the Lok Sabha is not in session, the proclamation must be approved within 30 days of its first sitting.)
• Duration: Six months from the date of approval to the indefinite period (with every six-month approval by a special majority).
• Revocation : President by a subsequent proclamation.
• Effects:

• • Fundamental rights under Article 19 are suspended. The President can suspend enforcement of other rights but not the rights themselves.
  • The Parliament assumes legislative powers over state list subjects and the centre can advise states on executive functions.
  • The President can modify financial distributions between the Centre and states.
  • Lok Sabha term can be extended by up to one year .

• Declarations:

• • 1962: Declared during the Indo-China war.
  • 1971 : National emergency due to Indo-Pakistan war.
  • 1975-77 : Declared due to internal disturbances.

State Emergency

• Trigger: Breakdown of the state's constitutional machinery.
• Approval : Must be approved by both Houses of Parliament within two months by a simple majority.
• Duration: Initially lasts for six months, extendable for up to three years with Parliament's approval.
• Revocation: By President.
• Effects:
• • President removes state council of ministers.
  • The state legislature can be suspended or dissolved.
  • The Governor administers the state on behalf of the President.
  • Legislative powers are transferred to Parliament.

• Examples:

• • Punjab (1987): Declared during the rise of militancy.
  • Jammu and Kashmir (2018): Declared based on the Governor's report

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Financial Emergency

• Trigger: A threat to India's financial stability or credit.
• Approval: Must be approved by Parliament within two months of the date of approval. If the Lok Sabha is dissolved during this period, the proclamation remains valid until 30 days after its first sitting, provided the Rajya Sabha approves it.
• Duration: Once approved, it can continue indefinitely without further parliamentary approval.
• Revocation: President of India
• Effects:
• • The President can direct states to reduce salaries, including those of High Court judges.
  • All state money bills must be approved by the President after being passed by state legislatures.
  • The Centre gains enhanced control over financial matters in states.
  • The President can also reduce the salaries of Union employees and judges of the Supreme Court and High Courts.

UPSC PYQs on Emergency

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Emergency Provisions PYQ UPSC Prelims

1. To ratify the declaration of Emergency
2. To pass a motion of no-confidence against the Council of Ministers
3. To impeach the President of India

1. Dissolution of the State Legislative Assembly
2. Removal of the Council of Ministers in the State
3. Dissolution of the local bodies