Indian Polity — Emergency Provisions (Part XVIII: Articles 352-360)
1. Introduction
- The Emergency provisions have been borrowed from the Government of India Act 1935.
- It converts the federal structure into a unitary one without a formal amendment of the Constitution.
- "Suspension of Fundamental Rights during Proclamation of Emergency" provision borrowed from the Weimar Constitution.
Important Articles
- Article 352: Emergency due to war, external aggression or armed rebellion (National Emergency)
- Article 356: Due to the failure of the constitutional machinery in the states (President's Rule)
- Article 360: Financial emergency due to threat to financial stability or credit of India
2. National Emergency (Article 352)
Grounds of Declaration
- The President declares on grounds of war, external aggression, or armed rebellion. Can act even before occurrence if there is imminent danger.
- External Emergency: For war or external aggression.
- Internal Emergency: For armed rebellion.
- 38th Amendment 1975: Allows different proclamations based on these grounds, whether or not one already exists.
- 42nd Amendment 1976: Proclamation can apply to the entire country or part of it.
- 44th Amendment 1978: Replaced "internal disturbance" with armed rebellion.
Role of Cabinet
- Original Constitution: No mention of the cabinet's role.
- 44th Amendment: The President can declare an emergency only on the written recommendation of the cabinet.
Parliamentary Approval
- Originally: Approval required within 2 months.
- 44th Amendment: Approval required within 1 month by both Houses.
- If Lok Sabha is dissolved, the proclamation survives for 30 days from its first sitting after reconstitution, provided Rajya Sabha approves in the meantime.
Type of Majority for Approval
- Originally: Simple majority.
- 44th Amendment: Requires a special majority.
Duration
- Originally: Indefinite, with executive approval.
- 44th Amendment: Can be extended indefinitely with Parliament's approval every 6 months.
- If Lok Sabha dissolves during the 6 months without approval, the proclamation survives for 30 days from its first sitting after reconstitution, provided Rajya Sabha approves in the meantime.
Judicial Review
- Originally: No mention.
- 38th Amendment: Made emergency immune from judicial review.
- 44th Amendment: Deleted this provision, restoring judicial review.
- Minerva Mills Case 1980: Allowed challenge to emergency on grounds of malafide, irrelevance, or absurdity.
Revocation
- The President can revoke it. No need for parliamentary approval.
- 44th Amendment: Lok Sabha can pass a resolution to disapprove the continuation.
- 1/10th of Lok Sabha members can give written notice to the Speaker or President (or to the President if Lok Sabha is not in session), and a special session must be held within 14 days.
- Simple majority needed for disapproval.
IMPOSITION OF NATIONAL EMERGENCY
- Declared three times: 1962, 1971, 1975.
- Shah Commission: Enquired 1975 emergency and did not justify the declaration of Emergency.
3. Effect of Imposition of National Emergency
Effect on Centre-State Relations
Executive
- The Centre's executive power allows it to direct state on any matter.
- During normal times, the Centre can only give directions on specified matters.
- State Governments are under complete control of the Centre but are not suspended.
Legislative
- Parliament can legislate on any subject under the State List.
- State legislatures are not suspended, but Parliament gains overriding powers.
- Laws made by Parliament on the State List lapse 6 months after the emergency ends.
- If Parliament is not in session, the President can issue ordinances on state subjects.
- 42nd Amendment: Legislative and executive functions extend to all states, regardless of emergency status.
Financial
- The President can modify the distribution of revenues between the Centre and states, effective until the end of the financial year when the emergency ends.
- Orders from the President must be laid before both Houses.
Effect on Lok Sabha & State Assemblies
On Lok Sabha
- Its life may be extended by law for 1 year at a time during the emergency.
- Extensions cannot exceed 6 months after the emergency ends.
On State Assemblies
- Only Parliament can extend assembly life (by 1 year each time), mirroring Lok Sabha extensions.
Effect on Fundamental Rights
Article 358 (Suspension of Article 19)
- Six Fundamental Rights under Article 19 are automatically suspended.
- Laws violating these rights cannot be challenged in court during or after the emergency.
- Article 19 revives automatically after the emergency ends.
Article 359 (Suspension of Other Fundamental Rights)
- Authorises the President to suspend the right to approach courts for Fundamental Rights during a national emergency.
- The enforcement of specified rights is suspended; the suspension may cover all or part of the country.
- Suspension orders must be approved by both Houses.
44th Amendment
- Article 19 rights can only be suspended during emergencies declared for war or external aggression, not for armed rebellion.
- The President cannot suspend the right to move courts for Articles 20 & 21.
- Only laws related to the emergency are protected from judicial revision.
Comparison of Article 358 & 359
| Article 358 | Article 359 |
|---|---|
| Applies only during external emergencies. | Applies during both external and internal emergencies. |
| Suspends Fundamental Rights under Article 19 for the emergency's duration. | The President specifies the suspension duration in the order. |
| Applies to the whole country. | Extends to the whole country or part of it as stated. |
| Similarities: Both articles provide immunity from challenge to laws related to the emergency, protecting executive actions under such laws. | |
4. President's Rule (Article 356)
- State Emergency declared when a state government cannot be run per the Constitution.
- Article 355: Centre's duty to protect states and ensure governance as per the Constitution.
- Article 356: President can proclaim if satisfied, with or without the Governor's report. [UPSC 2018]
- Article 365: Applied if a state fails to comply with Centre's directions.
- Approval: Simple majority in both Houses within 2 months; survives 30 days from the first sitting of the Lok Sabha if Lok Sabha is dissolved during the six month period without approving it, provided Rajya Sabha approves it.
- Duration: Initially 6 months, extendable up to 3 years with Parliament's approval every 6 months.
- 44th Amendment: Extended only if a national emergency is in place or elections cannot be held due to difficulties.
- Judicial Review: Immunity granted by 38th Amendment, removed by 44th Amendment.
- Revocation: Can be revoked by the President anytime without Parliament's approval.
- First imposed in Punjab (1951).
- Dr. B.R. Ambedkar: Considered this power a last resort.
📝 UPSC Previous Year Questions:
- UPSC Prelims 2018: President can proclaim President's Rule with or without the Governor's report under Article 356. Answer: True.
5. Effect of Imposition of President's Rule
Extraordinary Powers of the President
- Assumption of Powers: The President can take over the functions of the state government and assume powers vested in the Governor or any other executive authority.
- Legislative Powers: The President can declare that powers of the state legislature are to be exercised by the Parliament.
- Constitutional Suspension: He can suspend constitutional provisions relating to any authority in the state.
- Dismissal of Council of Ministers: The President can dismiss the Council of Ministers headed by the Chief Minister; state bills and budgets are passed by Parliament. [UPSC 2017]
- State Administration: The administration is carried out by the Governor with help from the Chief Secretary on behalf of the President.
- Continuity of Laws: Laws made by the Parliament or President continue to operate even after President's Rule.
- Assembly Actions: The President can suspend or dissolve the state legislative assembly.
- Judicial Status: The constitutional position, status, powers, and functions of the State High Court remain unchanged during President's Rule.
📝 UPSC Previous Year Questions:
- UPSC Prelims 2017: The President can dismiss the Council of Ministers headed by the Chief Minister under President's Rule. Answer: True.
6. S.R. Bommai Judgment (1994)
- Judicial Review: The imposition of President's Rule is subject to judicial review.
- Presidential Satisfaction: The court can assess whether the President's satisfaction is based on relevant material but not the correctness or adequacy of that material.
- Justification Required: The Centre must justify the imposition; if found unconstitutional, the court can revive the state assembly.
- Assembly Dissolution: A state assembly can be dissolved only after Parliamentary approval; it can only be suspended otherwise.
- Confidence Decisions: The question of the state government losing confidence must be resolved on the floor of the House before unseating the ministry.
- Anti-Secular Policies: Action may be taken under Article 356 if the state pursues anti-secular policies.
Proper vs Improper Imposition of President's Rule
PROPER IMPOSITION
- Hung assembly (No party has a majority)
- Party having a majority declines to form a ministry and the governor cannot find a coalition having majority
- If the ministry resigns after its defeat in assembly and no other party has majority
- If the state disregards the constitutional direction given by the Centre
- If the government is acting against constitution and the law or is fomenting a violent revolt
- Physical breakdown: The government willfully refuses to discharge its constitutional obligations endangering the security of the state
IMPROPER IMPOSITION
- If the ministry resigns or loses the majority and the governor recommends imposition without assessing the possibility of an alternative government
- If the governor does not allow the ministry to prove its majority and recommends the rule
- If the ruling party has lost in general elections to the Lok Sabha
- Maladministration in the state
- Internal disturbances not amounting to internal subversion or physical breakdown
- The state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences
7. Financial Emergency (Article 360)
- Grounds of Declaration: President can proclaim if financial stability or credit of India or any part is threatened.
- Parliamentary Approval: Requires simple majority in both Houses within 2 months. If Lok Sabha is dissolved, the proclamation survives for 30 days after reconstitution, provided Rajya Sabha approves it.
- Duration: Continues indefinitely once approved, until revoked.
- Judicial Review:
- 38th Amendment: Made immune from Judicial Review.
- 44th Amendment: Restored judicial review.
- Revocation: President can revoke without parliamentary approval.
- Imposition: Never declared so far.
Effects of Financial Emergency
- Legal Basis: Article 360 is modelled after the National Recovery Act of the U.S. (1933).
- Historical Note: India has never declared a Financial Emergency, despite a financial crisis in 1991.
- Centre's Authority: The Centre can instruct states to follow specified financial propriety standards.
Presidential Powers
- Salary Reductions: The President can mandate reductions in salaries and allowances for all state or union employees, including judges of the Supreme Court and High Courts.
- Reservation of Bills: The President can reserve money bills and other financial bills for consideration after they are passed by state legislatures.
8. Quick Comparison Between the Three Emergencies
| Feature | National Emergency (Article 352) | President's Rule (Article 356) | Financial Emergency (Article 360) |
|---|---|---|---|
| Grounds for Declaration | War, external aggression, armed rebellion | Failure of constitutional machinery in state | Threat to financial stability or credit |
| Cabinet Role | Requires written recommendation from Cabinet (44th Amendment) | President acts on Governor's report or otherwise | No specific requirement |
| Parliamentary Approval | Approval within 1 month (44th Amendment) | Approval within 2 months; survives if Lok Sabha dissolves | Approval within 2 months |
| Majority Type | Special majority required (44th Amendment) | Simple majority required | Simple majority required |
| Duration | Indefinite; extended every 6 months (44th Amendment) | Initially 6 months; extendable up to 3 years | Indefinite once approved; until revoked |
| Judicial Review | Restored by 44th Amendment | Immunity removed by 44th Amendment | Restored by 44th Amendment |
| Revocation | President can revoke; Lok Sabha can disapprove | President can revoke anytime | President can revoke |
| Historical Context | Declared thrice: 1962, 1971, 1975 | First imposed in Punjab (1951) | Never declared |
| Impact on Governance | Centre assumes powers; Parliament gains overriding powers | President assumes state functions; assemblies can be suspended/dissolved | Centre directs states on financial propriety; salary reductions possible |
NOTE
Chhattisgarh and Telangana are the only states where the President's rule has never been imposed so far.
Chhattisgarh and Telangana are the only states where the President's rule has never been imposed so far.
9. Summary: Emergency Provisions at a Glance
| Aspect | National Emergency (Art. 352) | President's Rule (Art. 356) | Financial Emergency (Art. 360) |
|---|---|---|---|
| Borrowed From | Weimar Constitution (FR suspension) | Government of India Act 1935 | National Recovery Act, USA (1933) |
| Approval Time | 1 month (44th Amendment) | 2 months | 2 months |
| Majority Required | Special Majority | Simple Majority | Simple Majority |
| First Imposed | 1962 | Punjab, 1951 | Never imposed |
| Effect on FRs | Art. 19 suspended; Art. 20 & 21 protected (44th Amendment) | No suspension of FRs | No suspension of FRs |
| Key Case | Minerva Mills (1980) | S.R. Bommai (1994) | - |
Key Takeaways for UPSC
- Part XVIII: Articles 352-360 — Emergency Provisions
- Borrowed From: Government of India Act 1935; Weimar Constitution (FR suspension)
- National Emergency: Art. 352 — War, external aggression, armed rebellion
- 44th Amendment: Replaced "internal disturbance" with "armed rebellion"; Approval within 1 month; Special majority required
- President's Rule: Art. 356 — First imposed in Punjab (1951); Can be revoked anytime
- S.R. Bommai (1994): Judicial review of President's Rule; Federalism is basic structure
- Financial Emergency: Art. 360 — Never declared; Modelled on US National Recovery Act
- Article 358: Suspends Art. 19 during external emergencies
- Article 359: President can suspend right to approach courts for FRs
- 44th Amendment: Art. 20 & 21 cannot be suspended
- States with No President's Rule: Chhattisgarh and Telangana
High-Yield Interactive UPSC Quiz (Emergency Provisions)
Q1. The Emergency provisions in the Indian Constitution are borrowed from which Act?
Correct Answer: C. The Emergency provisions have been borrowed from the Government of India Act 1935.
Q2. Under Article 352, the President can declare National Emergency on which grounds?
Correct Answer: C. The President can declare National Emergency on grounds of war, external aggression, or armed rebellion. The 44th Amendment replaced "internal disturbance" with "armed rebellion".
Q3. The 44th Amendment reduced the parliamentary approval time for National Emergency from 2 months to:
Correct Answer: B. The 44th Amendment reduced the approval time from 2 months to 1 month and also made special majority mandatory for approval.
Q4. Under Article 358, which Fundamental Rights are automatically suspended during a National Emergency?
Correct Answer: C. Under Article 358, the six Fundamental Rights under Article 19 are automatically suspended during a National Emergency.
Q5. Which Articles cannot be suspended even during a National Emergency under the 44th Amendment?
Correct Answer: C. The 44th Amendment provides that Articles 20 and 21 cannot be suspended even during a National Emergency.
Q6. President's Rule under Article 356 was first imposed in which state?
Correct Answer: C. President's Rule under Article 356 was first imposed in Punjab in 1951.
Q7. Which landmark case established that the imposition of President's Rule is subject to judicial review?
Correct Answer: C. In the S.R. Bommai Case (1994), the Supreme Court held that the imposition of President's Rule is subject to judicial review.
Q8. Financial Emergency under Article 360 has never been declared in India, despite a financial crisis in which year?
Correct Answer: C. Financial Emergency has never been declared in India, despite a financial crisis in 1991.
Q9. Which states have never had President's Rule imposed?
Correct Answer: B. Chhattisgarh and Telangana are the only states where President's Rule has never been imposed so far.
Q10. Which Commission enquired into the 1975 Emergency and did not justify its declaration?
Correct Answer: C. The Shah Commission enquired into the 1975 Emergency and did not justify the declaration of Emergency.