Part XVIII – Emergency Provisions (Articles 352 to 360)
Objective:
To empower the Union Government to meet extraordinary situations that threaten the security, financial stability, or governance of India.
Article-wise Breakdown:
Article 352 – National Emergency
Provision:
- If the President is satisfied that there exists a grave emergency due to:
- War
- External Aggression
- Armed Rebellion (added by 44th Amendment)
He can declare National Emergency for the whole or part of India.
Key Features:
- Requires written advice of the Cabinet (post-44th Amendment).
- Valid for 1 month initially; can be extended every 6 months by Parliament.
- Needs special majority (50% of total membership + 2/3rd of those present and voting).
Effects:
- Federal structure converted to unitary.
- State Governments work under the Centre.
- Fundamental Rights under Article 19 suspended (automatically, but now only in case of war/external aggression).
- President can modify distribution of powers.
Amendments:
- 38th Amendment (1975) – Made the President’s satisfaction final and beyond judicial review (later reversed).
- 42nd Amendment (1976) – Strengthened Centre’s power.
- 44th Amendment (1978) – Restricted the grounds of emergency; made Cabinet advice mandatory.
Interesting Fact:
- 3 times declared in India:
- 1962 – China War
- 1971 – Indo-Pak War
- 1975 – Internal Emergency (controversial, due to “internal disturbance” – now replaced with “armed rebellion”).
Article 353 – Effect of Proclamation of Emergency
Provision:
- During emergency:
- Parliament can legislate on State List.
- President can extend executive power of Union to the states.
- The life of Lok Sabha can be extended 1 year at a time (max 6 months after emergency ends).
Interesting Fact:
- Used to postpone elections during 1975–77 Emergency.
Article 354 – Application of provisions relating to distribution of revenues
Provision:
- President can alter the financial distribution between Centre and States during an emergency.
- Pertains to Article 268–279 (Tax distribution).
Article 355 – Duty of the Union to protect States
Provision:
- It is the duty of the Union to:
- Protect every State against external aggression and internal disturbance.
- Ensure the Government of every State functions per the Constitution.
Interesting Fact:
- Basis for President’s Rule under Article 356.
Article 356 – State Emergency (President’s Rule)
Provision:
- If a State government fails to function per constitutional provisions, the President can assume control of the state machinery.
Procedure:
- Based on Governor’s report or otherwise.
- Initially valid for 6 months, can be extended up to 3 years with conditions.
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Amendments:
- 44th Amendment (1978) – Added conditions for extension beyond 1 year:
- National Emergency must be in operation.
- Election Commission certifies difficulty in conducting elections.
Interesting Fact:
- Misused frequently (over 125 times till date).
- S.R. Bommai Case (1994) limited arbitrary use – now subject to judicial review.
Article 357 – Exercise of legislative powers under Proclamation of Emergency
Provision:
- Parliament can confer State Legislative powers to the President or any authority during President’s Rule.
Article 358 – Suspension of provisions of Article 19 during Emergency
Provision:
- During National Emergency due to war or external aggression, Article 19 is suspended.
44th Amendment:
- Now applicable only in war/external aggression, not armed rebellion.
Article 359 – Suspension of other Fundamental Rights
Provision:
- President can suspend enforcement of fundamental rights (except Article 20 and 21) during Emergency.
Conditions:
- Suspension by a Presidential Order.
- Courts can’t entertain petitions for enforcement of suspended rights.
Amendments:
- 44th Amendment: Articles 20 and 21 (Protection in respect of conviction and life/personal liberty) can’t be suspended, even during Emergency.
Article 360 – Financial Emergency
Provision:
- If the President believes that the financial stability of India is threatened, he can declare a Financial Emergency.
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Effects:
- Centre can:
- Give financial directions to States.
- Reduce salaries of all officials (including judges).
- Require money bills to be reserved for Presidential assent.
Interesting Fact:
- Never declared in Indian history.
Landmark Judicial Pronouncements:
Case | Year | Significance |
ADM Jabalpur v. Shivkant Shukla | 1976 | Supported suspension of Fundamental Rights; later criticized and overruled |
S.R. Bommai v. Union of India | 1994 | Imposed strict checks on President’s Rule; introduced floor test |
Minerva Mills v. Union of India | 1980 | Asserted judicial review of emergency laws |
Summary Table:
Article | Type of Emergency | Key Feature |
352 | National Emergency | War, external aggression, or armed rebellion |
353 | Emergency Effects | Parliament’s extended powers |
354 | Revenue Provisions | Alteration in distribution of revenues |
355 | Union’s Duty | Protection from aggression, ensure constitutional govt. |
356 | State Emergency | President’s Rule – breakdown of constitutional machinery |
357 | Legislative Powers | Centre can legislate for State |
358 | Article 19 Suspension | Only during war/external aggression |
359 | Suspension of FRs | Except Article 20 & 21 |
360 | Financial Emergency | Never used; impacts fiscal control and salaries |