Emergency Provisions – UPSC Notes

Emergency Provisions: The emergency provision is a unique feature of the Indian Constitution. It allows a federal government to become a unitary government depending on the circumstances. The Indian Constitution has provisions for emergencies in Part Eighteen. The President of India possesses the authority to enforce emergency rules in any or all of the Indian states. In this article, we will look into various types of emergency provisions and their historical background in detail.

What are Emergency Provisions?

The Indian Constitution’s section XVIII, which is included in Article 352-360, mentions emergency provisions. The central government can handle any unusual circumstances with the use of these provisions. These provisions facilitate the transition from a federal to a unitary nature. The state can be controlled by the federal government as it gains strength and jurisdiction. Three different emergency provisions are included in the Indian constitution.

Historical Background of Emergency Provisions

The extreme circumstances under which the President may declare an emergency presented a challenge to the authors of the Constitution. India’s pre-independence history is full of examples of harmful casteism, communalism, and religious conflict. There was conflict with Pakistan after the Monarch of Kashmir was overthrown. Hyderabad and Junagarh showed resistance to being a part of the Union of India. The Government of India created Article 352 in order to lessen the situation and stop the separatist movement.

Socialist regimes were emerging in India after independence, and Telangana’s laborers’ and farmers’ communist activities were becoming more widespread. In order to secure legislative procedures and provide safety against severe circumstances, Article 356 was adopted. Dr. B.R. Ambedkar subsequently added Article 360 to the list in order to support the nation’s finances, which were rapidly deteriorating along with its foreign exchange reserves and banking system.’

Types of Emergencies

Articles 352 to 360 of Part XVIII of the Indian Constitution contain the emergency provisions. These regulations allow the Central government to efficiently handle any unusual circumstance. The reason for the incorporation is to protect the Constitution, the democratic political system, and the sovereignty, unity, integrity, and security of the nation.

Three categories of emergency are specified under the Constitution:

• National Emergency
• Constitutional Emergency or President’s Rule
• Financial Emergency

National Emergency

When a nation is facing external aggression or is engaged in a war with another nation, a state of national emergency is declared. The Indian Constitution defines a national emergency in Article 352. The first citizen of the nation, our president, declares a state of emergency. Before a state of war or an external threat occurs, he has the authority to declare an emergency.

If a national emergency is declared due to a war, it may also be referred to as a “External Emergency.” On the other hand, an “Internal Emergency” is a National Emergency that is declared in response to an “armed rebellion” or an inside threat. 

The Houses’ Approval

The Lok Sabha and Rajya Sabha must both approve the national emergency within 30 days of its declaration. In the unlikely circumstance that an emergency is declared during this period and the Lok Sabha is dissolved, it shall remain in effect for one month provided the Rajya Sabha gives its approval. The emergency can be declared for up to six months after permission is received, and it can be renewed every six months by the houses, if necessary. An emergency can be passed by two-thirds of the members of each house who are currently in session, or by the majority of the members of the houses combined.

Revocation of the National Emergency

Even while the houses must approve the emergency imposition, they are not required to approve its withdrawal. The President alone has the authority to cancel it once he determines that there is no longer an emergency and that things have calmed down. In the event that the Lok Sabha decides against renewing it after six months, it needs to be withdrawn.

Impact of the National Emergency

In the event of a national emergency, the centre assumes executive authority and commands the state on all issues. If there is a national emergency, the centre may enact legislation on matters under state jurisdiction. Also, the President has the authority to divide federal resources between the federal government and the states during a national emergency. This means that the President may decide to restrict or eliminate funding transfers from the federal government to the states.

In an emergency, the Lok Sabha’s term may be prolonged and lengthened by six months at a time. Article 359 allows the president to suspend certain fundamental rights, but not all of them during a state of national emergency.

The President’s Rule or Constitutional Emergency

The responsibility for ensuring that every state government is operating efficiently and in accordance with the constitution belongs to the federal government. The state government will stop operations until the problem is resolved or another government will assume power if the center determines that it is not occurring in that specific state. This is called “President’s Rule.” Another name for the president’s rule is a “state emergency” or a “constitutional emergency.”

A President’s rule is applicable under the following circumstances:

• Regarding a report from the governor to the president claiming that the state government cannot function efficiently and carry out its duties.
• When a state disregards the directives of the federal government.

Impacts of the President’s Rule

The President becomes the center of power and assumes control of the State Government when the President’s rule is implemented. He states that the parliament will exercise its authority over the state legislature. Also, if the President thinks it necessary, he can suspend certain constitutional requirements.

Financial Emergency

The President may declare a financial emergency if he believes that all or a portion of the nation’s financial stability is at risk. Also, prior to the 44th Amendment, the President could not be questioned about his choice in the Financial Emergency. According to the 44th Amendment, the president’s satisfaction is subordinate to the judiciary.

Acceptance and Length of the Financial Emergencies

The parliament’s two houses ought to approve Financial Emergency. If the emergency bill is introduced after the Lok Sabha has been dissolved, it remains in effect for 30 days. The bill should be discussed as soon as the Lok Sabha is reassembled for the first time. Meanwhile, the Rajya Sabha should have approved the bill.

Criticism of Emergency Provisions

Several assembly members have expressed disapproval of the Emergency Provisions for the following reasons:

• The central government acquires total authority as the federal system is abandoned.
• Under the President’s rule, the President has absolute authority, making him an authoritarian figure.
• The existence of fundamental rights ends, and they lose their significance.
• State authority is rendered void.

Conclusion – Emergency Provisions

Emergency Provisions embedded in the Indian Constitution, outlined in Part XVIII (Article 352-360), represent a distinctive feature designed to address extraordinary circumstances that may threaten the nation’s security, unity, integrity, and democratic fabric. The historical context of these provisions reflects the challenges faced by the framers of the Constitution, such as communal tensions, separatist movements, and financial instability. The three types of emergencies—National Emergency, Constitutional Emergency (President’s Rule), and Financial Emergency—serve different purposes and are invoked under specific conditions.

The National Emergency, declared by the President in response to external aggression or armed rebellion, grants the central government extraordinary powers. While its imposition requires parliamentary approval, the President holds the authority to revoke it. During a National Emergency, certain fundamental rights may be suspended, and the central government gains control over state matters.

FAQs on Emergency Provisions

1. What is Provision of Emergency Power?

The provisions for emergencies in India are included in Part XVIII of the Constitution. The boundaries of the National Emergency are set forth in Article 352, which states that the President may proclaim one in the event of an attack, an intrusion from the outside, or an internal uprising.

2. What is the Article 352 Emergency?

When war, external aggression, or armed revolt endanger the security of India or a portion of it, the president may, in accordance with Article 352, proclaim a national emergency. “External Emergency” refers to a state of national emergency declared due to “war” or “external aggression.”

3. What is Emergency Rule in Indian Constitution?

The Indian Constitution’s Part XVIII provides for a constitutional arrangement in which the President of India may declare a state of emergency if the consultant group determines that there are serious threats to the country coming from both internal and external sources, as well as from financial crises.

4. What is State Emergency in Indian Constitution?

According to state law, a situation or immediate threat of serious or widespread damage, injury, or loss of life or property caused by a natural or man-made source may lead to the declaration of a state of emergency. On the day the emergency is declared, up to a maximum of two months.

5. How many Emergency Provisions are there in Indian Constitution?

The President can cancel various articles of the Constitution that guarantee Indian citizens’ protection of their Fundamental Rights, on the advice of the cabinet of ministers. Emergencies can be classified as financial, state, or national.

6. What is Article 356 Emergency in India?

Article 356 of the Indian Constitution grants the President of India the authority to declare a state of emergency, suspending state government and imposing President’s rule over any state in the nation, if the President determines that circumstances have developed such that the state’s government is no longer able to function in conformity with the Constitution.