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Emergency Provisions

~10 min read

In 30 seconds
  • Three types: National (Article 352), President's Rule/State (Article 356), Financial (Article 360 - never invoked).
  • National Emergency declared: Three times — 1962 (war), 1971 (war), 1975 (internal disturbance, controversial).
  • 44th Amendment 1978: Made it harder to declare emergency, ensured Article 20 and 21 cannot be suspended.

Emergency provisions allow the State to function with extraordinary powers during crises. NDA tests the three types, their grounds, parliamentary approval, and the 44th Amendment.

National Emergency — Article 352

  • Grounds: War, external aggression, or armed rebellion (changed from 'internal disturbance' by 44th Am.).
  • Declaration: By President on written advice of Cabinet (44th Am.).
  • Parliamentary approval: Within 1 month, by 2/3 of members present and voting AND majority of total membership of both Houses.
  • Duration: 6 months, extendable indefinitely by similar resolutions every 6 months.
  • Effects:
    • Centre can give directions to states on any matter.
    • Parliament can legislate on State List subjects.
    • Centre can modify revenue distribution.
    • Fundamental Rights under Article 19 automatically suspended.
    • Other FRs (except 20 and 21) can be suspended by Presidential order.
    • Lok Sabha tenure can be extended by 1 year at a time.
  • Declared three times:
    • 1962 (Chinese aggression) — Oct 1962 to Jan 1968
    • 1971 (Bangladesh War) — Dec 1971 to Mar 1977
    • 1975 (internal disturbance) — Jun 1975 to Mar 1977 — controversial; overlapped with above

President's Rule — Article 356

  • Grounds: If President is satisfied — on Governor's report or otherwise — that the government of a State cannot be carried on in accordance with the Constitution.
  • Parliamentary approval: Within 2 months by simple majority of both Houses.
  • Duration: 6 months initially, extendable up to 3 years (with conditions after 1 year — emergency or EC certification of elections).
  • Effects:
    • Centre assumes powers of state executive.
    • Parliament exercises state legislature's powers.
    • State Assembly can be dissolved or suspended.
  • Limits (S.R. Bommai v. UoI, 1994):
    • Article 356 is subject to judicial review.
    • Floor test must be the way to test majority, not Governor's subjective opinion.
    • Can be struck down if proclamation is malafide.
  • Imposed 100+ times across states. Earlier abused by central governments to dismiss opposition state governments.

Financial Emergency — Article 360

  • Grounds: If the financial stability or credit of India or any part is threatened.
  • Parliamentary approval: Within 2 months, by simple majority.
  • Duration: Indefinite — continues until revoked.
  • Effects:
    • Centre can direct states on financial matters.
    • Salaries of public servants (including judges) can be reduced.
    • Money bills passed by state legislature must be reserved for President.
  • Never invoked in India.

44th Amendment, 1978 — Safeguards

Post-Emergency reforms after 1975-77:

  • "Internal disturbance" replaced by "armed rebellion" as a ground.
  • President can declare emergency only on written Cabinet advice.
  • Articles 20 and 21 cannot be suspended even during emergency.
  • Habeas corpus cannot be suspended for Article 20/21 rights.
  • Parliamentary resolutions for declaration/continuation require 2/3 majority of members present AND majority of total membership.
  • Lok Sabha can revoke emergency by simple majority resolution.
  • Emergency must be reviewed every 6 months for continuation.

NDA PYQ Examples

Q: Which article deals with President's Rule?

(a) Article 352 (b) Article 356 (c) Article 360 (d) Article 365

Answer: (b) Article 356.

Q: National emergency was first declared in:

(a) 1962 (b) 1965 (c) 1971 (d) 1975

Answer: (a) 1962 — during Chinese aggression.

Q: Which fundamental rights cannot be suspended during emergency?

(a) Articles 14 and 19 (b) Articles 19 and 21 (c) Articles 20 and 21 (d) Articles 21 and 32

Answer: (c) Articles 20 (protection in criminal cases) and 21 (life and liberty) — protected by 44th Amendment.

Q: Which type of emergency has never been invoked in India?

(a) National (352) (b) President's Rule (356) (c) Financial (360) (d) Constitutional

Answer: (c) Financial — Article 360.

Drill Emergency Provisions for NDA

NDA-pattern items on Emergency Provisions with answer keys and explanations.

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Frequently Asked Questions

Why was 1975 emergency controversial?

Declared by Indira Gandhi government on grounds of 'internal disturbance' after Allahabad HC set aside her election. During the 21-month emergency, FRs were suspended, opposition leaders jailed, press censored. The 1977 elections that ended the Emergency saw Congress lose for the first time.

What is the S.R. Bommai judgment?

SC's 1994 9-judge ruling that put limits on Article 356. Held: floor test in Assembly is the only test of majority; Governor's report not conclusive; courts can review proclamations; if struck down, dismissed government must be reinstated.

How long can President's Rule continue?

6 months initially, extendable up to 1 year by parliamentary approval. Beyond 1 year, only if (a) national emergency is in operation, OR (b) Election Commission certifies that elections cannot be held. Maximum 3 years.

What is the difference between Articles 352 and 356?

Article 352 — national emergency over whole country (or part) on grounds of war/external aggression/armed rebellion. Article 356 — President's Rule in a specific state if state government fails. Different procedures and effects.

Can the President proclaim Emergency on his own?

No — after 44th Amendment, President can declare Emergency only on written advice of Cabinet (not just PM). This safeguard was added to prevent unilateral emergency declarations.