Emergency Provisions – Indian Polity Notes

Emergency provisions were incorporated in the constitution to deal with unforeseen, troubled situations. Which might require the federal polity of India to be converted into unitary polity for time being. Taken from the Weimar Constitution (Germany) to act as protective ring around nascent democracy.

Emergency Provisions:

The emergency provisions are contained in Part- XVIII (Part – 18) of the constitution in articles 352 – 360.

The constitution provides for three types of emergencies:

1. NATIONAL EMERGENCY (ARTICLE 352): It can only be revoked for security of India. There are 3 grounds on which, it can be proclaimed: War, External Aggression and Armed Rebellion.
2. CONSTITUTIONAL EMERGENCY (ARTICLE 356): It is also known as the Presidents Rule. It can be imposed on ground of breakdown of constitutional machinery (order) in state.
3. FINANCIAL EMERGENCY (ARTICLE 360): It can be imposed when credit of India or any part of the country is under threat.

National Emergency (Article 352):

Imposition of national emergency changes India’s federal polity into the unitary, centralized polity when it is in force.

Proclamation of National Emergency:

• The constitution provides, only three grounds for proclamation of national emergency – War, External Aggression and Armed Rebellion.
• The President of India can issue proclamation, when he/she is satisfied that grave emergency exists where the security of India is threatened.
• The President can do so only when Council of Ministers of Cabinet rank (including the PM) gives written recommendation. [This was added after 44^th constitutional amendment act]
• Further the President’s satisfaction is subject to judicial review. [Minerva Mills Case 1980]
• Duration of proclamation without parliamentary approval is 1 month, unless approved by parliament with a special majority.
• If Lok Sabha is dissolved, it can be imposed with Rajya Sabha’s approval till it is reconstituted. Once reconstituted, it has to approve within 30 days.
• The maximum time for a proclamation to remain in operation without the approval of Lok Sabha is 8 months (1+6+1).

Revocation

1. By the President: Any time with an order.
2. By Lok Sabha: By passing a motion using a simple majority.
   1. Condition: 1/10^th of members of Lok Sabha(~54) shall give intention to Speaker (if the house is in session) or to the President. Special sitting has to be called within 14 days of receipt of such letter asking for revocation of emergency.

Effect of National Emergency 

1. On Centre-State Relations: 
   1. There is no automatic dissolution of the state legislature but power is to be exercised in subordination to the union parliament.
   2. The Union government can issue directions to state executives on any matter.
   3. The parliament is empowered to make laws even on subjects in the state list.
   4. The distribution of taxes may be suspended by the Presidential Order.
2. On Fundamental Rights:
   1. Under Article 358: Automatic suspension of all fundamental rights under Article 19. This is applicable only when an emergency is declared on external grounds(i.e. not in armed rebellion)
   2. Under Article 359: All other fundamental rights can be suspended (except Articles 20, 21) by Presidential Order.
3. On the life of Lok Sabha:
   1. Duration of Lok Sabha can be extended by 1 year at a time, not beyond 6 months after proclamation ceases to operate.

Proclamation of National Emergency in history:

In the history of independent India, the national emergency was proclaimed on three occasions:

1. 1952: It was proclaimed on grounds of external aggression. It was extended till 1968, in which nation faced Indo – China War(1962), Indo – Pak War(1965).  It was in force for 16 years.
2. 1971: Imposition on grounds of external aggression. Indo – Pak War 1971.
3. Internal Emergency of 1975: First and last emergency ever proclaimed on internal grounds.

Constitutional Emergency/President’s Rule (Article 356):

• Article 355, entrusts the Union with duty to ensure that government of every state is carried in accordance with provisions of the constitution. [In case, state governments are not acting in accordance with provisions of constitution, the Presidents Rule can be imposed by union].
• It can be imposed for 2 months without parliamentary approval. Beyond that both houses need to provide approval by simple majority.
• If Lok Sabha is dissolved, then it can be continued with Rajya Sabha’s approval.
• Maximum time, it can remain in force is 6 months at a time but not beyond 3 years.
• If extended beyond 1 year, it can done only when 2 conditions are satisfied simultaneously:
  • Proclamation of national emergency is in operation in any part/entire country.
  • Election Commission certifies that it is difficult to conduct elections in context of emergency.

Impact of President’s Rule:

• On Assembly: After S R BOMMAI CASE 1994, there can be no automatic dissolution until it is approved by the Parliament. The dissolution is subject to judicial review, and if found wrong, the Supreme Court can reinstate the assembly.
• On legislative power: Proclamation will declare that powers of legislature will be exercised by or under authority of parliament.
• On Executive Power: President assumes all powers. He can delegate it to any other authority except state legislature.

Important Judgements:

1. S R Bommai Case 1994: In this landmark case, the Supreme Court held the proclamation of President’s Rule is subject to judicial review.
2. Rameshwar Prasad Case 2006: SC held that emergency power under article 356(1) is not an absolute power.

Financial Emergency (Article 360):

• Financial emergency declared when credit of India or any part of it is threatened.
• It can be imposed by the President for two months without parliamentary approval. With approval from both houses, it can be extended indefinitely.
• It can be revoked by Presidential order.

Impact of Financial Emergency:

• Money bills by states are mandatorily reserved.
• Salaries of executive and judiciary can be reduced.

Criticism of the President’s Rule

1. Article 356 is most misused, abused article in the constitution. Dr B R Ambedkar considered that it will remain as dead nail in constitution but he was proven wrong.
2. Expression of breakdown of constitutional machinery is not mentioned in constitution. 
3. The President’s Rule is imposed without giving opposition chance to form alternative government. It is against democratic ethos.
4. Governor’s appointed by Union can recommend imposition of the President’s Rule on wishes of the union while situation at ground might be completely opposite.

CONCLUSION:

Emergency provisions are included to deal with unforeseen troubled situations. The constituent assembly was mindful of the fact that many kingdoms and nations fell down because central authority showed weakness. It was added to provide security cover to nascent democracy to equip the union to do all to protect its components.

Practice Questions:

UPSC PRELIMS:

Q1. What is the maximum duration in which the proclamation of national emergency can be imposed without approval of the Lok Sabha?

a) 6 months
b) 1 month
c) 3 months
d) None of the above

Q2. Consider the following statements and choose correct statement.

1. Financial emergency upon receiving parliamentary approval can remain in force indefinitely.
2. To revoke the financial emergency, 1/10^th of MPs of Lok Sabha has to write an letter asking for it to the Speaker.

a) 1 only
b) 2 only
c) Both
d) None

UPSC Mains:

Q1. Under what circumstances can the national emergency be proclaimed by the President of India? What consequences follow when such declaration remains in force? (150 Words, 10 Marks)

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