Emergency Provisions (Articles 352–360, Part XVIII)
Emergency Provisions under Articles 352–360 (Part XVIII of the Indian Constitution)
1. Introduction
The Emergency Provisions in the Indian Constitution provide the Central Government with extraordinary powers to meet threats that affect the security, governance, or financial stability of the country or any part of it. These provisions are divided into three types of emergencies:
National Emergency (Article 352)
President’s Rule or State Emergency (Article 356)
Financial Emergency (Article 360)
2. Types of Emergencies and Their Provisions
A. National Emergency (Article 352)
Grounds for Proclamation: Threat to the security of India or any part of its territory on grounds of:
War
External aggression
Armed rebellion (replacing “internal disturbance” after the 44th Amendment)
Authority: Proclaimed by the President of India.
Procedure:
The President must be satisfied that the situation warrants the proclamation.
The proclamation must be approved by both Houses of Parliament within one month.
Initial duration is 6 months; can be extended indefinitely by parliamentary approval every 6 months.
Effects:
Parliament gains power to legislate on subjects in the State List.
Suspension of fundamental rights under Article 19.
Suspension of enforcement of Articles 14, 21, and 22 if the emergency is proclaimed on grounds of war or external aggression (but not when on grounds of armed rebellion after the 44th Amendment).
Fundamental rights under Articles 20 and 21 cannot be suspended.
B. State Emergency or President’s Rule (Article 356)
Grounds for Proclamation: Failure of constitutional machinery in a State.
Authority: Proclaimed by the President on receipt of a report from the Governor of the State or otherwise.
Procedure:
President’s Rule must be approved by Parliament within two months.
Initial duration is 6 months; can be extended up to a maximum of 3 years with parliamentary approval every 6 months and under special conditions.
Effects:
The State government is dismissed or suspended.
The executive powers of the State vest in the President.
Parliament can legislate for the State.
The legislative assembly may be dissolved or suspended.
C. Financial Emergency (Article 360)
Grounds for Proclamation: Threat to the financial stability or credit of India or any part of its territory.
Authority: Proclaimed by the President.
Procedure:
The proclamation must be approved by both Houses of Parliament within two months.
It continues indefinitely until revoked by the President.
Effects:
The Centre can give directions to States regarding financial matters.
Reduction of salaries and allowances of government employees.
Parliament can legislate on any financial matter, overriding the division of powers.
3. Constitutional Safeguards and Limitations
The President’s proclamation must be based on written advice of the Cabinet.
Parliamentary approval is mandatory within specified time frames.
The 44th Amendment (1978) introduced significant safeguards, such as:
National Emergency can only be declared on grounds of war, external aggression, or armed rebellion (not “internal disturbance”).
Fundamental rights under Articles 20 and 21 cannot be suspended even during Emergency.
Emergency proclamation lapses if not approved by Parliament.
President’s Rule (Article 356) is subject to parliamentary scrutiny and time limits.
4. Effects on Fundamental Rights
During a National Emergency:
Article 19 rights (freedom of speech, assembly, etc.) can be suspended.
After the 44th Amendment, Articles 20 (Protection in respect of conviction for offenses) and 21 (Protection of life and personal liberty) are immune from suspension.
Other fundamental rights continue unless specifically suspended.
5. Judicial Review of Emergency Provisions
The Emergency provisions, especially under Articles 352 and 356, have been subject to extensive judicial scrutiny.
6. Important Case Laws
a) ADM Jabalpur v. Shivkant Shukla (1976) – The Habeas Corpus Case
During the Emergency (1975–77), the Supreme Court controversially held that the Right to Life and Liberty under Article 21 could be suspended, meaning habeas corpus petitions could be denied.
This decision was heavily criticized and later overruled in spirit by subsequent cases and constitutional amendments (44th Amendment).
The ruling is often seen as a low point for judicial independence in India.
b) S.R. Bommai v. Union of India (1994)
Landmark judgment on Article 356 (President’s Rule).
Held that the power to dismiss State governments is subject to judicial review.
Laid down that federalism is part of the basic structure of the Constitution.
The Court set guidelines to prevent misuse of Article 356.
Courts can examine whether there is a failure of constitutional machinery.
Political differences alone cannot justify dismissal.
c) Rameshwar Prasad v. Union of India (2006)
The Supreme Court ruled that the President’s satisfaction under Article 352 must be based on objective material.
It reinforced the requirement of judicial review over Emergency proclamations.
d) Madhav Rao Jivaji Rao Scindia v. Union of India (1971)
Held that the proclamation of Emergency cannot be challenged in court except on grounds of mala fide or non-compliance with constitutional procedure.
7. Significance of Emergency Provisions
Designed to protect the unity, integrity, and security of India.
Provide a legal framework for the Centre to act decisively in crises.
Serve as a check on states in case of breakdown of constitutional governance.
However, potential for misuse has necessitated strong judicial oversight and constitutional amendments.
8. Criticism and Challenges
Emergency provisions have been misused historically, notably during the Emergency of 1975–77.
Critics argue these provisions can undermine democracy and federalism.
The balance between national security and fundamental rights remains delicate.
Ongoing debates on strengthening safeguards to prevent abuse.
9. Summary Table
| Emergency Type | Article | Grounds for Proclamation | Duration | Key Effects |
|---|---|---|---|---|
| National Emergency | 352 | War, external aggression, armed rebellion | 6 months, extendable | Suspension of certain fundamental rights; Parliament can legislate on State subjects |
| President’s Rule | 356 | Failure of constitutional machinery in State | 6 months, extendable up to 3 years | State government suspended; Centre controls State administration |
| Financial Emergency | 360 | Financial instability | Indefinite until revoked | Centre can direct financial matters; reduce salaries |
Conclusion
The Emergency Provisions under Articles 352–360 are vital constitutional mechanisms to safeguard India’s sovereignty, unity, and financial stability. However, their invocation curtails fundamental rights and alters the federal balance, necessitating strong judicial scrutiny and constitutional safeguards to prevent misuse and uphold democratic values.
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