Indian Polity — Emergency Provisions
1. National Emergency (Article 352)
Grounds of Imposition
- Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war, or external aggression, or armed rebellion.
- The President can declare a national emergency even before the actual occurrence of war, armed rebellion, or external aggression.
- External Emergency: When declared on the grounds of 'war' or 'external aggression'.
- Internal Emergency: When declared on the grounds of 'armed rebellion'.
Grounds for Approval
- This kind of emergency can be imposed by the President after receiving a written recommendation from the cabinet.
- This provision was introduced through the 44th Amendment Act.
Parliamentary Approval and Duration
- It must be approved by both houses of Parliament within one month from the date of its issue.
- Once approved, the proclamation continues to be in force for six months.
- Such proclamations can be extended indefinitely; however, each extension should be approved by the Parliament through a special majority (44th Amendment Act, 1978).
Revocation of Proclamation
- Emergency can be revoked at any time by the President by passing a subsequent proclamation.
- The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.
NATIONAL EMERGENCY — KEY FACTS
- Declared 3 times: 1962 (China war), 1971 (Pakistan war), 1975 (Internal Disturbances).
- 44th Amendment: Made cabinet's written recommendation compulsory.
- Special Majority: Required for extension beyond 6 months.
- Simple Majority: Required for revocation by Lok Sabha.
KNOWLEDGE NUGGET
- Article 352: National Emergency
- External Emergency: War or external aggression
- Internal Emergency: Armed rebellion
- 44th Amendment (1978): Replaced 'internal disturbance' with 'armed rebellion'
- Approval Time: 1 month (44th Amendment reduced from 2 months)
- Duration: 6 months (extendable indefinitely with special majority)
2. President's Rule (Article 356)
Grounds of Imposition
- Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the Government of a state cannot be carried on in accordance with the provisions of the Constitution.
- Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the President to hold that a situation has arisen in which the Government of the state cannot be carried on in accordance with the provisions of the Constitution.
Parliamentary Approval and Duration
- A proclamation imposing the President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.
- If approved by both the Houses of Parliament, the President's Rule continues for six months. It can be extended for a maximum period of three years with the approval of the Parliament every six months.
- Every resolution approving the proclamation of the President's Rule or its continuation can be passed by either House of Parliament only by a simple majority.
Amendment
- The 38th Amendment Act, 1975 made the satisfaction of the President in invoking Article 356 final and conclusive, which would not be challenged in any court on any ground.
- But this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.
PRESIDENT'S RULE — KEY FACTS
- Article 356: Failure of constitutional machinery in states
- Article 365: State's failure to comply with Centre's directions
- Approval Time: 2 months
- Duration: 6 months (extendable up to 3 years)
- 38th Amendment (1975): Made President's satisfaction final
- 44th Amendment (1978): Restored judicial review
3. Financial Emergency (Article 360)
Grounds of Imposition and Approval
- Article 360 empowers the President to proclaim a financial emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
Parliamentary Approval and Duration
- A proclamation approving the financial emergency should be approved by the Parliament through a simple majority within two months.
- Once the Parliament approves, the financial emergency continues indefinitely until it is revoked. There is no maximum prescribed period for its operation, and there is no repeated need for parliamentary approval for its continuation.
- The President can discontinue this emergency by passing another proclamation to this effect. Such a proclamation does not require parliamentary approval.
- It has never been imposed in India till date.
FINANCIAL EMERGENCY — KEY FACTS
- Article 360: Financial Emergency
- Grounds: Threat to financial stability or credit of India
- Approval Time: 2 months
- Duration: Indefinite (no maximum period)
- Never imposed in India since independence
4. Comparison of Emergency Provisions
| Feature | National Emergency (Art. 352) | President's Rule (Art. 356) | Financial Emergency (Art. 360) |
|---|---|---|---|
| Grounds | War, external aggression, armed rebellion | Failure of constitutional machinery in state | Threat to financial stability or credit |
| Approval Time | 1 month | 2 months | 2 months |
| Majority Required | Special Majority | Simple Majority | Simple Majority |
| Duration | 6 months (extendable indefinitely) | 6 months (max 3 years) | Indefinite |
| Times Imposed | 3 times (1962, 1971, 1975) | Multiple times | Never |
| Judicial Review | Yes (44th Amendment) | Yes (44th Amendment) | Yes |
5. Summary: Emergency Provisions at a Glance
| Type | Article | Grounds | Approval Time | Duration |
|---|---|---|---|---|
| National Emergency | 352 | War, external aggression, armed rebellion | 1 month | 6 months (extendable) |
| President's Rule | 356 | Failure of constitutional machinery | 2 months | 6 months (max 3 years) |
| Financial Emergency | 360 | Threat to financial stability | 2 months | Indefinite |
Key Takeaways for UPSC
- National Emergency (Art. 352): 1962, 1971, 1975 — 44th Amendment made cabinet's written recommendation compulsory.
- President's Rule (Art. 356): Can be imposed when state government cannot function — max 3 years.
- Financial Emergency (Art. 360): Never imposed till date — indefinite duration.
- 44th Amendment (1978): Restored judicial review for all emergencies.
- Approval Time: National Emergency — 1 month; President's Rule — 2 months; Financial Emergency — 2 months.
- Majority Required: National Emergency — Special Majority; President's Rule — Simple Majority; Financial Emergency — Simple Majority.
High-Yield Interactive UPSC Quiz (Emergency Provisions)
Q1. National Emergency under Article 352 has been declared how many times in India?
Correct Answer: C. National Emergency has been declared 3 times in India — 1962 (China war), 1971 (Pakistan war), and 1975 (Internal Disturbances).
Q2. The 44th Amendment Act introduced which provision regarding National Emergency?
Correct Answer: B. The 44th Amendment Act introduced the provision that the President can declare a National Emergency only after receiving a written recommendation from the cabinet.
Q3. National Emergency must be approved by Parliament within:
Correct Answer: B. National Emergency must be approved by both Houses of Parliament within one month from the date of its issue (44th Amendment reduced it from 2 months).
Q4. President's Rule under Article 356 can be extended up to a maximum of:
Correct Answer: C. President's Rule can be extended for a maximum period of three years with the approval of Parliament every six months.
Q5. Financial Emergency under Article 360 has:
Correct Answer: C. Financial Emergency under Article 360 has never been imposed in India till date.
Q6. The 38th Amendment Act, 1975 made the President's satisfaction under Article 356:
Correct Answer: B. The 38th Amendment Act, 1975 made the satisfaction of the President in invoking Article 356 final and conclusive, which would not be challenged in any court. This was later deleted by the 44th Amendment Act, 1978.
Q7. Which amendment restored judicial review for Emergency provisions?
Correct Answer: B. The 44th Amendment Act, 1978 restored judicial review for Emergency provisions by deleting the provisions of the 38th Amendment that made President's satisfaction final.
Q8. President's Rule must be approved by Parliament within:
Correct Answer: B. President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.
Q9. Which Article deals with Financial Emergency?
Correct Answer: C. Article 360 deals with Financial Emergency, which can be proclaimed when the financial stability or credit of India is threatened.
Q10. National Emergency declared in 1975 was on the grounds of:
Correct Answer: C. The National Emergency declared in 1975 was on the grounds of Internal Disturbance (which was later replaced by 'armed rebellion' through the 44th Amendment).