Effect of Proclamation of Emergency in India
Effect of Proclamation of Emergency in India
1. Types of Emergencies under the Indian Constitution
The Constitution of India provides for three types of emergencies under Part XVIII (Articles 352 to 360):
National Emergency (Article 352) — on grounds of war, external aggression, or armed rebellion.
President’s Rule or State Emergency (Article 356) — in case of failure of constitutional machinery in a State.
Financial Emergency (Article 360) — if the financial stability or credit of India is threatened.
Among these, the National Emergency under Article 352 is the most significant in terms of its impact on fundamental rights and federal structure.
2. Effect of Proclamation of National Emergency (Article 352)
A. Suspension/Modification of Fundamental Rights
Article 352(1) empowers the President to proclaim emergency if the security of India or any part thereof is threatened by war, external aggression, or armed rebellion.
Effect on Fundamental Rights:
Article 358: During a National Emergency on grounds of war or external aggression, the right to move any court for enforcement of rights conferred by Articles 14 (Equality before law), 21 (Right to life and personal liberty), and 22 (Protection against arrest and detention) is suspended. This means these rights cannot be enforced by courts during such emergency.
Article 359(1): During any National Emergency, the President can suspend the right to move any court for enforcement of fundamental rights conferred by any of the provisions of Part III (which includes most fundamental rights), either totally or partially.
Article 359(3): This suspension lasts till the emergency proclamation remains in force or until revoked by the President.
However, the fundamental rights under Article 20 (Protection in respect of conviction for offenses) and Article 21 (Right to life and personal liberty) cannot be suspended during an emergency declared on grounds of internal disturbance or armed rebellion after the 44th Amendment (1978).
B. Extension of Parliament’s and Union Government’s Powers
The Parliament can make laws on subjects in the State List during the emergency. This overrides the normal federal division of powers.
The Union Government assumes supreme authority over the States. State governments are under the control of the Centre.
C. Extension of Tenure of Lok Sabha and State Legislative Assemblies
The duration of the Lok Sabha (House of People) and State Legislative Assemblies can be extended beyond the normal 5-year term during the emergency period by up to one year at a time (Article 352(4)).
D. Supremacy of Central Government
The President can declare any State Law inoperative if it conflicts with any Central Law made during the emergency.
The Union Government has overriding powers over the States.
E. Other Effects
Restrictions on press and communication may be imposed.
Fundamental freedoms may be curtailed to maintain public order and security.
3. Effect of Proclamation of President’s Rule (Article 356)
When the President is satisfied that a State government cannot be carried on according to the Constitution, he may issue a proclamation imposing direct Central rule.
Effect includes:
Dissolution or suspension of the State Legislative Assembly.
The Governor assumes executive powers of the State.
Parliament assumes power to legislate on State subjects.
Duration is initially 6 months, renewable up to 3 years with Parliament’s approval.
4. Effect of Proclamation of Financial Emergency (Article 360)
Declared if the financial stability or credit of India or any part thereof is threatened.
Effects include:
Reduction of salaries and allowances of government employees, including Judges of High Courts and Supreme Court.
Control of financial operations of the States by the Union.
Parliament may legislate on any subject in the State List.
5. Important Case Law on Emergency and its Effects
A. ADM Jabalpur v. Shivkant Shukla (1976) – The Habeas Corpus Case
During the Emergency declared in 1975, the question arose whether the right to habeas corpus (protection against unlawful detention) under Article 21 is available.
The majority of the Supreme Court held that during the emergency, when Article 359(1) suspension is in effect, no person can move any court for enforcement of fundamental rights, including the right to life and liberty.
This was a highly controversial judgment, as it gave absolute power to the State during emergency and suspended basic freedoms.
B. Minerva Mills Ltd. v. Union of India (1980)
The Court held that fundamental rights are part of the basic structure of the Constitution and cannot be abrogated completely.
While emergency powers are extensive, they cannot violate the basic structure or the spirit of the Constitution.
C. Rameshwar Prasad v. Union of India (2006)
The Supreme Court clarified that Article 359(1) suspension of fundamental rights applies only to rights enforceable by courts, and right to life and personal liberty cannot be suspended during emergency declared on grounds other than war or external aggression.
D. S.R. Bommai v. Union of India (1994)
Though related to Article 356, this case is important for federalism.
The Supreme Court held that President’s Rule cannot be imposed arbitrarily, and the power under Article 356 is subject to judicial review.
This curbed misuse of emergency provisions against States.
6. Summary of Effects of Emergency Proclamation
| Aspect | Effect |
|---|---|
| Suspension of Fundamental Rights | Certain rights under Part III suspended during emergency |
| Parliamentary Powers | Parliament can legislate on State subjects |
| Tenure of Legislatures | Lok Sabha and State Assemblies can be extended |
| Federalism | Union gains supremacy over States |
| Judicial Review | Limited during emergency but subject to checks (post-1978) |
| State Governments | Controlled or dissolved under President’s Rule (Article 356) |
| Financial Control | Union controls finances under Financial Emergency |
7. Conclusion
The proclamation of emergency under the Indian Constitution gives the Union Government extraordinary powers to preserve the sovereignty and security of the nation during grave threats. However, these powers come with serious consequences, such as suspension of fundamental rights and weakening of federalism.
Over time, the Supreme Court and constitutional amendments (like the 44th Amendment) have placed checks and balances on these powers to prevent misuse and protect democracy.
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