Emergency Provisions in Indian Constitution

In a federal government system like India's, power and responsibilities are shared between the central government and the state governments. Under normal conditions, both work in their own areas, cooperate with each other, and function independently.

But during emergencies or unexpected situations, the Constitution allows the central government to take full control and act like a single, unified government. This helps in managing crises more effectively.

Introduction

The Emergency provisions in the Indian Constitution are mentioned in Part XVIII, from Articles 352 to 360. These rules were inspired by the Weimar Constitution of Germany and the Government of India Act of 1935.

Later, major changes were made to these provisions through two important amendments — the 42nd Amendment in 1976 and the 44th Amendment in 1978.

Types of Emergency

In India, all emergencies are officially declared by the President, and actions are taken in the President's name. However, the real decisions and powers are exercised by the Prime Minister and the Council of Ministers on the President’s behalf.

The Indian Constitution mentions three types of emergencies:

1. National Emergency – under Article 352
   
   

2. State Emergency (commonly known as President’s Rule) – under Article 356
   
   

3. Financial Emergency – under Article 360

National Emergency (Article 352)

A National Emergency can be declared in India under Article 352 of the Constitution during three situations:

1. War
   
   

2. External Aggression
   
   

3. Armed Rebellion
   

(Note: Earlier, the term used was “Internal Disturbance”, but the 44th Amendment in 1978 changed it to “Armed Rebellion” to prevent misuse.)

Key Points:

• A National Emergency can be applied to the entire country or just a specific part.
  
  

• The President can declare it even before the actual situation arises, if there's a serious threat of war, aggression, or rebellion.
  
  

• When declared due to war or external aggression, it's called an External Emergency.
  
  

• When declared due to armed rebellion, it's called an Internal Emergency.
  

The President can only declare the emergency after receiving a written recommendation from the Union Cabinet (not just the Prime Minister alone) (added by 44th constitution amendment act).

Approval of National Emergency by Parliament

Once the President declares a National Emergency, it must be approved by Parliament under these conditions:

Condition 1: Approval within 1 Month

• The emergency must be approved by both the Lok Sabha and Rajya Sabha within one month.
  
  

• Earlier, this approval period was two months, but the 44th Constitutional Amendment (1978) reduced it to one month.
  
  

Condition 2: If Lok Sabha is Dissolved

• If the Lok Sabha is dissolved when the emergency is declared, or gets dissolved within one month, the emergency still remains valid.
  
  

• In such a case, if Rajya Sabha approves it, then the proclamation will continue for 30 days from the first meeting of the newly elected Lok Sabha.

Required Majority (Special Majority)

To approve or continue a National Emergency, both Houses must pass it with a:

• Majority of the total membership of the House, and

• Two-thirds majority of the members present and voting
  
  
  

Duration of National emergency

• Originally: Once approved, it could continue indefinitely as long as the government wanted.
• But after 44th amendment (1978)

• The emergency must be re-approved every 6 months by both Houses of Parliament.

• It can be extended indefinitely, but only with approval every 6 months using a special majority.

Revocation of National Emergency

• The President can revoke the National Emergency at any time, and does not need Parliament’s approval for this.
  
• Safeguards added by the 44th Amendment (1978)    
• If Lok Sabha is in session and passes a resolution to end the emergency,
• The President must revoke it.
• If Lok Sabha is not in session, and 10% of its members give a written notice,
• A special session must be called within 14 days to discuss revocation.
• This resolution to revoke can only be passed in the Lok Sabha, and it needs just a simple majority.

Effects of National Emergency

When a National Emergency is declared, it temporarily changes the federal structure of India into a more unitary system. This means the central government becomes more powerful than the states. The effects can be grouped into three main areas:

1. Effect on Centre-State Relations

a. Legislative Relations

• Parliament gets the power to make laws on subjects that usually belong to states (State List – 7th Schedule)

• States can still make laws, but if there's a conflict, the Parliament's law will override the state's.

• Any such law made by Parliament stops being active six months after the emergency ends.

• The President can also issue ordinances (laws) on state subjects if Parliament is not in session.

b. Executive Relations

• The Central Government can give direct orders to the states on any matter.

• State governments continue to function, but their powers are overruled by central instructions.

c. Financial Relations

• The President can change how money is shared between the Centre and States.

• However, such changes must be presented before Parliament for approval.

Effect on the Life of Lok Sabha and State Assemblies

• During a National Emergency, the term of the Lok Sabha (normally 5 years) can be extended by Parliament one year at a time.

• There is no fixed upper limit, but the extension ends 6 months after the emergency is revoked.

  Similarly, the State Legislative Assemblies can also have their term extended one year at a time under the same rules

Effect on Fundamental Rights

Article 358 – Automatic Suspension of Article 19

• When a National Emergency is declared, Article 19 rights (freedom of speech, movement, etc.) automatically get suspended.

  But only if:

  1. The emergency is due to war or external aggression (not armed rebellion).

  2. Only those laws related to the emergency are protected from court challenges, not all laws

Article 359 – Suspension of Right to Approach Courts

• The President can suspend people's right to move courts for the enforcement of specific Fundamental Rights during a National Emergency.

• This doesn’t mean the rights are removed — only that you can’t go to court to enforce them temporarily.

• The suspension applies only to the rights mentioned in the President’s order.

• The Presidential order must be approved by Parliament.

44th Amendment (1978) Safeguards:

1. Article 20 (Protection in criminal offences) and
   Article 21 (Right to life and personal liberty)
   ➤ Cannot be suspended, even during an emergency.

2. Only emergency-related laws get protection from legal challenges,
   ➤ Other laws can still be challenged in court.

🛑 President’s Rule (State Emergency)

Also called a "Constitutional Emergency", this occurs when a state government fails to function according to the Constitution.

🔹 When Can President’s Rule Be Imposed?

1. Article 355:
   It is the duty of the Union government to ensure that each state is governed as per the Constitution.
   ➤ If a state fails, the Centre can step in and impose President’s Rule under Article 356.

2. Article 356:
   The President can declare President’s Rule either:

   • Based on the Governor’s report, or

   • Even without it, if needed.

3. Article 365:
   If a state doesn’t follow directions given by the Union government, it can be taken as a constitutional failure, and President’s Rule can be imposed

Approval by Parliament

• Within 2 months, the President’s Rule must be approved by both Lok Sabha and Rajya Sabha.

• If the Lok Sabha is dissolved and not available for approval:

  • The rule continues for 30 more days from the first meeting of the new Lok Sabha,

  • But Rajya Sabha must approve it in the meantime.

• Simple Majority is required in each house
  ➤ (i.e., more than half of those present and voting).

Duration of President’s Rule

• Once approved by Parliament, President’s Rule lasts for 6 months at a time.

• It can be extended up to a maximum of 3 years, but needs Parliament’s approval every 6 months.

After the 44th Amendment (1978), two extra conditions are needed to extend beyond 1 year:

1. A National Emergency must be in force in the whole country or that specific state.

2. The Election Commission must confirm that elections in the state cannot be held due to some difficulty.

Revocation of President’s Rule

• The President can end President’s Rule anytime by issuing a new proclamation.

• This does not require Parliament’s approval.

Effects of President’s Rule

When President’s Rule is in place:

1. The State Council of Ministers and Chief Minister are dismissed.

2. The Governor runs the state on behalf of the President.

3. The President takes over the executive powers of the state government.

4. The State Legislature's powers are handled by Parliament.

5. The President can suspend constitutional provisions for the state (except those related to the High Court).

Financial Emergency (Article 360)

If the President believes that the financial stability or credit of India (or any part of it) is in danger, they can declare a Financial Emergency.

Approval by Parliament

• Within 2 months, both Lok Sabha and Rajya Sabha must approve the emergency.

• If Lok Sabha is dissolved, the emergency can continue:

  • For 30 days after the first session of the new Lok Sabha

  • Provided Rajya Sabha has approved it in the meantime

• Approval requires a simple majority
  ➤ (More than half of the members present and voting.

Duration

• Once approved, a Financial Emergency can continue indefinitely.

• No need for re-approval every 6 months, unlike other emergencies.

• It will remain in effect until revoked by the President.

Conclusion

The Emergency provisions in the Indian Constitution are designed to help the central government respond swiftly to serious threats—be it war, internal rebellion, or financial crisis. While these powers are extraordinary and necessary in rare situations, they also come with significant risks to democratic values and federal balance.

That’s why the Constitution includes safeguards, time limits, and parliamentary approvals to ensure these powers are used responsibly and not misused. Understanding these provisions is key to understanding how Indian democracy protects itself in times of crisis.