Emergency Provisions in The Indian Constitution

In this DataFlair Indian Polity article, we will learn about  Emergency Provisions in The Indian Constitution. The Indian Constitution grants the President of the country to announce three types of emergencies, as and when required.

1. National Emergency
2. State Emergency
3. Financial Emergency

However, it’s only in some of the special and pre-mentioned cases that such a huge step can be taken by the president of the country. Also, with the amendments, it has now been mandated to present the declaration of emergency in the written from.

National Emergency – Article 352

The Indian Constitution states that Article 352 shall be proclaimed only when the security of the nation or a part of it is threatened by war, external aggression, or an armed rebellion.

No maximum period has been prescribed for its operation. It can be indefinitely continued with the approval of the Parliament every six months.

Some of the effects and implications of the National Emergency are as follows –

1. The executive power of the center extends to directing any state.
2. The parliament becomes empowered to make any laws listed on the state list.
3. The fundamental rights, other than articles 20 and 21 get suspended.
4. The president is granted the authority to modify the provisions.
5. The tenure of the Lok Sabha and the state assemblies are extended.

President’s Rule and State Emergency – Article 356

President’s Rule shall be proclaimed when the government of a state cannot be carried on, following the provisions of the Constitution due to the reasons which have no connection with war, external aggression, or an armed rebellion.

Some of the effects and implications of a state emergency are as follows –

1. During a President’s rule in the state, the state legislature is either suspended or dissolved and the state executive is suspended. Where earlier, a law needed to be made with the consultation of the members of that state, now the president is granted the authority to make decisions on his own.
2. This type of emergency does not have any effect on the fundamental rights of the citizens.
3. A state emergency cannot last for more than 3 years.
4. During this, the relationship of solely the state under emergency with the Centre undergoes a modification.

Financial emergency – Article 360

The authority of declaring an emergency has been given to the President of India by Article 360. He can announce a financial emergency in the country if he feels that a situation has arisen due to which the financial stability or the credit of the nation or any part of its territory is threatened.

However, unlike the other emergencies, the Supreme Court here holds the right to review it.

Some of the effects and implications of a Financial Emergency are –

1. The executive authority of the center expands as now it can give financial orders to any state according to its own will.
2. The money bills can be reserved after being passed by the Legislative
3. The salaries and allowances of all or any class of the person living in the state on which the emergency has been raised can be reduced.

44th Amendment Act

An emergency shall be imposed on the nation if the President feels the need for it has arisen. However, looking at the Emergency of June 1975, which was imposed by the Indira Gandhi Government, the need for some restrictions over the implication of emergency arose.

The 44th Amendment was brought in by the Janata Government that aimed to alter the provisions of Emergency.

Some of the changes that were made by the 44th Amendment are –

1. Under Article 352, the term ‘Internal disturbance’ was replaced by ‘armed rebellion’.
2. It was said that the decision of the proclamation of emergency shall be communicated by the cabinet in writing.
3. In case of continuing the emergency, it shall be approved by the houses, every 6 months.
4. The Emergency can be revoked by the passing of a resolution by the houses with a majority.
5. The term of Lok Sabha was reversed back from 6 years to 5 years.

Role of the President during Emergency

The president of a nation has a prominent role to play during the nation or a state is undergoing a state of emergency. He is the one responsible for taking decisions that shall be in the interest of the Nation.

Furthermore, the president also needs to keep an eye on when to revoke the emergency and get things back to normal. Being the sole proprietor of power during the state of emergency, he shall be well aware and concerned about the people of the country.

The State of fundamental rights, Lok Sabha and Rajya Sabha

During a national emergency, all the fundamental rights of the citizens of the country are dismissed. The Lok Sabha can be extended by the intervals of up to one year during the emergency. However, it shall not be extended beyond six months once the emergency is revoked.

In case of a State emergency, the fundamental rights of the citizens of the country are not dismissed and they have full right to exercise them. The Rajya Sabha enjoys more powers than the Lok Sabha during the course of Emergency.

For example, if the proclamation of the emergency is issued when the Lok Sabha has been dissolved or the dissolution of Lok Sabha took place within the period allowed for its approval, then the Proclamation can remain effective only if a resolution approving it, is passed by the Rajya Sabha.

Revoking Emergency

A National emergency can either be revoked by the president if he feels the situation has come under control or has improved, or it can be revoked under the amendments made by the 44th Amendment Act, which gives the Lok Sabha a right to make a requisition and in it, they can disapprove or revoke the emergency by a simple majority in the house.

In case of a state emergency, the emergency shall be revoked if after two months of its making it is not presented for approval before both the houses of the Parliament.

Reasons for an Emergency in India

So far, it’s been thrice that India has undergone a state of National Emergency. All three emergencies were held between the years 1962 to 1977.

An emergency was imposed on the country from October 26, 1962, to January 10, 1968, by then president, Dr. Sarvepalli Radhakrishnan. It was in regard to the rising external aggression during the Indo-China war.

Second time, the national emergency was imposed from December 3, 1971, to March 21, 1972. This emergency was imposed by the president, V.V Giri. Here also, the reason was the external aggression but during the Indo-Pak war.

The third time a national emergency was imposed by the President, Fakhruddin Ali Ahmed. Indira Gandhi, then-prime minister asked for permission from the president and was successful in declaring a national emergency.

It lasted for a period of nineteen months, that is from 25 June 1975 to 21 March 1977. Here, the reason was stated to be a clash between the legislature and the Judiciary.

Conclusion

It must be noted that in our country, the National Emergency has been imposed thrice, between the years 1962 to 1977. State emergency has been imposed several times on states like Punjab and Jammu & Kashmir, Maharashtra, and more.

And Financial emergencies have never been imposed in the country before. The imposition of emergency can lead to enormous effects on the government, the economy, and even the people of the country.