Emergency Provisions: Articles 352-360

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Emergency Provisions: Articles 352-360

The Indian Constitution’s emergency provisions (Articles 352-360) empower the central government to address extraordinary situations threatening the nation’s security, integrity, or financial stability. These provisions enable a shift from federal to unitary governance during crises, ensuring swift and decisive action.

1. MEANING, DEFINITION & EXPLANATION

Emergency provisions allow the central government to assume extensive powers during crises, overriding the federal structure to protect national interests. Part XVIII of the Constitution encompasses these provisions, detailing the circumstances and procedures for declaring emergencies.

2. HISTORICAL BACKGROUND / EVOLUTION

The framers of the Indian Constitution incorporated emergency provisions inspired by the Government of India Act 1935 and Germany’s Weimar Constitution. These measures aimed to equip the government to handle exceptional situations effectively. Notably, the term “internal disturbance” in Article 352 was replaced with “armed rebellion” by the 44th Amendment Act of 1978 to prevent misuse.

3. TYPES OF EMERGENCIES

The Constitution outlines three types of emergencies:

National Emergency (Article 352): Declared when India’s security is threatened by war, external aggression, or armed rebellion.
State Emergency (Article 356): Imposed when a state’s constitutional machinery fails, leading to President’s Rule.
Financial Emergency (Article 360): Proclaimed when India’s financial stability or credit is endangered.

4. NATIONAL EMERGENCY (ARTICLE 352)

Grounds for Proclamation:

A National Emergency can be declared on three grounds:

War: Formal armed conflict between India and another nation.
External Aggression: Unprovoked attack by a foreign entity without a formal declaration of war.
Armed Rebellion: Organized, violent uprising against the government within India.

Procedure:

The President can declare a National Emergency upon receiving a written recommendation from the Union Cabinet.
The proclamation must be approved by both Houses of Parliament within one month by a special majority.
Once approved, the emergency remains in force for six months and can be extended indefinitely with parliamentary approval every six months.

Effects:

Fundamental Rights: Article 358 suspends the freedoms under Article 19 during a National Emergency. However, Articles 20 and 21 remain enforceable.
Centre-State Relations: The federal structure becomes unitary, allowing Parliament to legislate on subjects in the State List.
Executive Authority: The central government gains overriding executive powers over states.

Case Law:

ADM Jabalpur v. Shivkant Shukla (1976): The Supreme Court controversially held that during a National Emergency, the right to constitutional remedies is suspended, and no person could move the court for enforcement of fundamental rights. This judgment was later overruled, restoring the primacy of fundamental rights even during emergencies.

5. STATE EMERGENCY (ARTICLE 356)

Grounds for Proclamation:

Also known as President’s Rule, it can be imposed when:

The President, based on the Governor’s report or otherwise, is satisfied that the state’s governance cannot be carried out per constitutional provisions.

Procedure:

The President issues a proclamation, which must be approved by both Houses of Parliament within two months.
Initially valid for six months, it can be extended up to three years with parliamentary approval every six months. Extensions beyond one year require the following conditions:
- A National Emergency is in operation in the whole or part of the state.
- The Election Commission certifies that general elections cannot be conducted in the state.

Effects:

Executive Authority: The President assumes the state’s executive functions, typically delegating them to the Governor.
Legislative Assembly: The state legislature may be dissolved or suspended.
Parliamentary Powers: Parliament can legislate on matters in the State List for the concerned state.

Case Law:

S.R. Bommai v. Union of India (1994): The Supreme Court held that the President’s proclamation under Article 356 is subject to judicial review. The Court can strike down the proclamation if found mala fide or based on irrelevant grounds. This judgment curtailed the arbitrary imposition of President’s Rule.

6. FINANCIAL EMERGENCY (ARTICLE 360)

Grounds for Proclamation:

Declared when the President is satisfied that India’s financial stability or credit, or that of any part of its territory, is threatened.

Procedure:

The President issues a proclamation, which must be approved by both Houses of Parliament within two months.
Once approved, it remains in force until revoked; there is no maximum time limit.

Effects:

Financial Directives: The President can direct states to observe financial propriety and can reduce salaries and allowances of government employees, including judges.
Money Bills: State Money Bills require the President’s approval.

Notable Point:

As of December 2024, a Financial Emergency has never been proclaimed in India.

7. SAFEGUARDS AGAINST ABUSE

The 44th Amendment Act of 1978 introduced several safeguards:

Replaced “internal disturbance” with “armed rebellion” in Article 352 to prevent misuse.
Required the President to act based on the written advice of the Union Cabinet for proclaiming a National Emergency.
Mandated parliamentary approval for emergency proclamations and their periodic renewal.
Ensured that Articles 20 and 21 cannot be suspended during an emergency.