Emergency in India, Reason, History and Types

The emergency in India was one of the most controversial periods in its history. It was Indira Gandhi’s decision to impose an Indian Emergency, which was agreed upon by the President of India, the Cabinet, and the Parliament from July to August 1975.

A state of Emergency refers to a special situation where the President of India can change the normal functioning of government during some crisis situations. Every country can have some situation when the normal rules cannot handle the country.

In this article, we go through the states of emergency in India, the process of emergency declaration, emergency in the Indian constitution, the history of national emergency in India, and their effects on the people in detail.

Emergency in India

Emergency in India

The Emergency is one of the most controversial periods of Indian history since its independence. A national emergency is the duration of time when a country is under some crisis. In this situation, the government imposes a new governing system for a brief duration. It is changed according to the situation. The government may or may not follow the rules of the Indian constitution. There are different types of emergency in India and you must know about them in detail to understand their nuances.

A national emergency is proclaimed by the president of India during serious crisis situations. The President can ignore many constitutional rights, provisions, and fundamental rights of people. There are some fundamental rights that can never be suspended during a National Emergency in India.

Emergency in India by Indira Gandhi

Indira Gandhi, India’s Prime Minister, declared an Emergency on June 25, 1975. There were problems inside the country and political unrest, so she suspended basic rights and freedoms for everyone. This meant the government could control what people said, arrest leaders who disagreed, and keep many in jail without a trial. It was a time of strict rule until 1977.

People lost many freedoms, and the government was criticized for stopping people from speaking out against them. Many who disagreed, like leaders, journalists, and activists, were put in jail, and the media was controlled by the government. The government said they were doing this to keep things in control and make changes for the better. However, there were reports of the government using too much power and breaking human rights rules.

The Emergency period in India is still argued about today. Indira Gandhi’s decision caused a big change in Indian politics and made people across the country protest against the loss of their rights. In 1977, she lost the elections because of how people felt about what happened during the Emergency.

National Emergency in India

The President can impose the President’s rule on any state in the country if he understands that the provisions of the Constitution cannot handle a situation that has newly arisen. He can declare a National Emergency in India 1975 under Article 352, a financial emergency which is constituted in Articles 356 and 365, and President’s rule according to Article 360.

Year	Reason/Purpose	Explanation
1962	China War	Declared during the Sino-Indian War with China to address the external threat and ensure national security.
1971	Pakistan War	Declared during the Indo-Pakistani War, addressing external aggression and ensuring the security and integrity of the nation.
1975	Internal Disturbances (Political Unrest)	Declared due to political unrest and perceived internal threats, leading to the suspension of civil liberties and imposition of emergency measures.

The central government must protect the state from internal and external problems and follow the constitution. As per Article 356, If the president gets a report saying the government is not following the constitution and is doing illegal things, the president can use Article 356 to declare an emergency. This means the state’s government is suspended, and the central government takes control with the Governor as the leader.

Emergency in Indian Constitution

As per Article 355 of the Indian Constitution, the president can impose a state emergency using his powers if he finds out from the governor’s report that the state is unable to function according to the constitution of India or if there is any failure in constitutional machinery in a state.

We will try to understand the whole implementation process of State Emergency in India in simple steps.

• This process of the President’s Rule begins with the governor’s report. If the governor of state believes that there is a problem in the functioning of the state according to the constitution, then he writes a letter to the president describing the complete situation.

• The Union of Ministers, headed by the prime minister, reviews the condition of the state and decides whether or not President’s Rule is necessary for the state.

• On the advice of the Union Council of Ministers, the president can impose the president’s rule. When a proclamation is issued, state legislative powers are transferred to the president.

• The proclamation is then placed in front of the Houses of Parliament. If they agree, within a period of two months, it can continue for up to six months at a time and can be extended for a maximum of three years in total with parliamentary approval. If they disapprove, the president’s rule can be revoked.

• During the period of the President’s Rule, the state legislative assembly remains suspended, and the President, through the Governor, governs the state directly.

Three Types of Emergency in India

There are mainly 3 types of emergency in India.

1. National Emergency
2. State Emergency
3. Financial Emergency

Type of Emergency	Declaring Authority	Declaration Circumstances
National Emergency	President of India	– External Aggression – Armed Rebellion – Failure of Constitutional Machinery in a State
State Emergency	Governor of a State	– Failure of Constitutional Machinery in a State
Financial Emergency	President of India	– Threat to the Financial Stability of India

1. National Emergency in India

In Article 352 of the Indian constitution, there is a provision for situations such as war, external aggression in the country, and armed rebellions. In this situation, the president proclaims a national emergency in the country after taking advice from the council of ministers. But before proclamation, the decision must be approved by them.

Effect of National Emergency in India

Following are the effects of the National Emergency, which became effective after the declaration of the national emergency.

• Lok Sabha assemblies are extended for a year. The President has the power to suspend some fundamental rights of citizens for the country’s good.

• The president tells the state government in what manners it will exercise its executive powers. The President can also modify the distribution of revenues between the Centre and the states.

• The Parliament can make laws on any subject that falls under the state list.

• The federal structure of India has become more unitary and centralized.

• A national emergency must be approved by the Rajya and Lok Sabha within one month of the proclamation by the president. It renews every 6 months by seeing the votes of the majority.
• A national emergency can be challenged in the Supreme Court. It also can be revoked by the president if passed by either of the parliament houses.

Effect of National Emergency on People of India

There are certain effects on the people of India due to the different types of emergency in India:

• This can lead to restrictions on basic rights such as freedom of speech, freedom of assembly, and freedom of movement.

• This will limit the people from expressing themselves and protesting against any wrong action of government.

• The government will gain more control over media transportation and communication, leading to limiting individual freedom.

• Restrictions on businesses and industries may result in economic hardship for many citizens.

• It can cause situations of fear and anxiety among citizens of the country.

• Disruptions in public services like education, healthcare, and transportation can affect the well-being of people.

2. State Emergency in India

A State Emergency is a provision in the Indian Constitution that allows the President of India to take over the administration of a state or a union territory. It can be implemented when there is a failure of constitutional machinery or non-compliance with the directions of the Centre.

This means that the state government is suspended, and the President, through the Governor, exercises the executive power of the state. The Parliament now also has the legislative power of the state. It can make laws on any subject that falls under the state list.

A State Emergency can be declared by the President of India due to different situations that can arise within a state.

• The first reason for a state emergency is the “failure of constitutional machinery” or “breakdown of law and order.” If the president receives a report from the governor of a state that the government is not working according to the constitution, he could impose a state emergency.
• If the President is satisfied that a state has failed to follow any directions given by the Centre on the matters it can, a state emergency can be declared.
• State Emergency can be imposed for a maximum period of six months at a time. It can be extended for another six months with the approval of both Houses of Parliament by a simple majority vote. But a national emergency needs to be imposed if it’s extended more than three years; otherwise, it could be imposed max for three years, or the Election Commission could certify that it is not possible to hold elections in the state.
• Also, state emergency can be revoked by the president or by either house of parliament. It can be challenged at the Supreme Court on the grounds of irrelevance.

• State Emergency has been imposed 124 times in India since 1950, mostly for political reasons and often misused by the Centre to dismiss or undermine opposition-ruled states.

• The Supreme Court, in its landmark judgment in S.R. Bommai vs Union of India (1994), gave certain guidelines and safeguards to prevent the arbitrary and frequent use of Article 356. It also held that the President’s satisfaction is not beyond judicial review and that the state assembly cannot be dissolved until it is approved by the Parliament.

Effect of State Emergency on people of India

Following are the effects of a state emergency on the people of India.

• This can lead to disruptions in governance, which could affect the delivery of public services and local infrastructure.

• State emergencies are imposed due to protests, political tensions, and uncertainty.

• Economic activities in the affected state may suffer, leading to economic hardship for the citizens of that state.

3. Financial Emergency in India

Financial emergency in imposed in India for situations such as high drop in currency, high growth in public debt etc. It is declared when there is threat to financial stability of the country.

All the rules and regulations of Financial emergency are mentioned in the article 360 of Indian Constitution. President declare this emergency during these situations.

Effect of Financial Emergency on people of India

There are certain effects on the people of India during the Financial Emergency situation.

• President reduces the salaries during financial emergency or allowances given by central or state government.

• The President can also direct the states to reduce their expenditures or increase their revenues.

• The President can also require the states to reserve all money bills and other financial bills for his consideration.

• Like other emergency states, financial emergency should also be placed to both house of parliament as soon as possible. It should be approved with a majority vote till the expiration of two months. It can also be revoked by president or if passed by either house of parliament.

• India has never faced a situation of financial emergency so far. It has only come close to it during some economic crises, such as the balance of payments crisis in 1991 and the global financial crisis in 2008.

Effect of State Emergency on the people of India

• Government may impose restrictions on the banks deposits, withdrawls, functioning and currency movements.

• Government actions can affect the value of assets and investments of citizens.

• The value of real estate assets may fluctuate during financial emergency.

• The government will reduce the amount which they spend on social welfare programs and weaker sections of society.

• The government can reduce the number of people in government services.

Emergency Declared in India

Till this date, emergency has been declared for 3 times in independent India.

First Emergency of India was a national emergency declared on 26 October 1962 by the prime minister Jawaharlal Nehru. This national emergency in India was declared due due to Indo-China war in 1962.

First Emergency in India (1962 to 1968)

The first national emergency in India was called on 26 October 1962 by Prime Minister Jawaharlal Nehru due to ongoing Indo-China War. This was the first time in Independent India, when a National emergency was declared.

This emergency remained active for a long time even after one month from the date of the declaration of the emergency when it seemed that things started to normal. Then prime minister Jawaharlal Nehru decided not to revoke the emergency. This was still active during the Indo-Pak war in 1965.

First National Emergency in India (Jawaharlal Nehru)

• Date: 26 October 1962
• Declared by: Prime Minister Jawaharlal Nehru
• Time Duration: October 1962 to January 1968
• Cause for declaration: External aggression (Indo-China war)

This emergency was revoked officially on 26 October 1962, which was 21 months after it was declared. During this emergency period, the government increased its powers; it could detain individuals who caused trouble or spread wrong things without a trial.

Also, they increased their powers on media and censorship. This emergency ended as a defeat for India; the Chinese army launched a full-scale invasion of India, which caught the Indian government’s military.

National Emergency in India 1971

The prime minister Indira Gandhi declared the second emergency in India on December 3, 1971. This happened when the Bangladesh Liberation War finally broke out.

Prime Minister Indira Gandhi declared the emergency by stating the war was a threat to India because of external aggression and supported Sheikh Mujib-Ur Rehman and Bangladesh. She played a pivotal role in their victory over Pakistan.

The war was between Pakistan and Bangladesh, supported by India. The war was started by Bangladesh on 25 March 1971 with Operation Searchlight, which means oppressing Bengali people in Pakistan. India entered the war on 3 December 1971, supporting Bangladesh.

India officially entered the war in response to Pakistan’s preemptive air strikes on Indian airfields. India launched a two-front offensive against Pakistan on both the eastern and western fronts.

The Indian Army quickly overran most of East Pakistan, while the Indian Navy and Air Force imposed a naval blockade and air superiority over the region. This war lasted for 9 months and led to a national emergency in India. It was imposed on the deal with a war of Pakistan. V.V. Giri was the president at that time, and this national emergency was effective for two weeks.

National Emergency in India 1975

The third state emergency of India was declared by Indira Gandhi again on June 25, 1975, when the second emergency was still active to date. Indira Gandhi declared this emergency in June 1975 in response to political opposition, civil disobedience, and an unfavorable court ruling.

This emergency lasted 21 months, when both the second and third proclamations were finally revoked. This emergency was declared due to internal disturbance within the government’s operation.

National Emergency in India 1975 (Indira Gandhi)

• Fakhruddin Ali Ahmed was the president during the third emergency.

• Reason: The 1975-1977 Internal Emergency, often remembered as the “Dark Days of Democracy,” was declared by Prime Minister Indira Gandhi owing to political unrest and a perceived need for centralized authority.

• During this emergency period, civil liberties were suspended, opposition figures were apprehended, and media censorship was stringent.

• Elections were postponed, and the autonomy of the judiciary was compromised, leading to a concentration of power in the executive branch.
• Several amendments were passed during this emergency in 1975 by Indira Gandhi.

Conclusion

In this article, we have learned about states of Emergency in India, emergency in the Indian constitution, the history of national emergency in India, types of emergency in India, and their effects on the people in detail. We also went through the process of emergency declaration in India, the power of the President, and the 3 kinds of emergency situations allowed by the Indian constitution under Articles 352, 356, 360, and 365.

Emergency in India – FAQs

1. How many emergencies are in India?

Emergencies in India have been declared a total of 3 times since independence.

2. Why was an emergency declared in India in 1975?

Prime Minister Indira Gandhi declared a state of emergency due to internal unrest and economic crisis.

3. What is the Article 352 to 360?

Articles 352 to 360 of the Indian Constitution deal with the proclamation and revocation of emergencies. They define the different types of emergencies (national, state, financial), the process for declaring them, and the powers granted to the government during an emergency.

4. Who declared the first emergency in India?

The first state of emergency in India was declared by President Fakhruddin Ali Ahmed on the advice of Prime Minister Jawaharlal Nehru on October 26, 1962, during the Sino-Indian War.

5. Which state in India has the first emergency?

The state of Kerala was the first state in India to have a state of emergency declared under Article 356. This was on July 31, 1959.

6. How many state emergencies have been declared in India?

There have been 12 instances of state emergencies declared under Article 356 in India, affecting 21 states and union territories.

7. How many days of emergency were declared in India?

The emergency declared in India in 1975 lasted for 21 months, from June 25, 1975, to March 21, 1977.