Understanding Emergency Provisions in India: National Emergency, President’s Rule & Financial Emergency Explained

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Emergency Provisions in India

Overview:
In India, a state of emergency can be declared by the President during a crisis. This allows the President to override certain constitutional provisions, including Fundamental Rights, to ensure the country’s security and stability. The provisions are found in Part XVIII (Articles 352-360) of the Indian Constitution.

Types of Emergency

1. National Emergency (Article 352)
   This can be declared in cases of:

   • War

   • External aggression

   • Armed rebellion (formerly internal disturbance)

   The emergency can be declared even before the threat actually occurs.

   Approval and Duration:

   • The proclamation must be approved by both Houses of Parliament within one month.

   • It lasts for 6 months and can be extended with parliamentary approval every 6 months.

   Effects:

   • Centre-State Relations: The Centre gains control over state matters, with the power to issue executive orders and make laws on state subjects.

   • Parliamentary Power: Parliament can legislate on subjects in the State List.

   • Tenure of Assemblies: The tenure of the Lok Sabha and State Assemblies can be extended.

   • Fundamental Rights:

     • Article 19: Suspension of certain rights like freedom of speech, movement, etc.

     • Article 359: The President can suspend the enforcement of other Fundamental Rights, except Articles 20 and 21 (protection against arrest and conviction).

   Historical Examples:

   • 1962: Declared during the China-India war.

   • 1971: During the India-Pakistan war.

   • 1975: Proclaimed due to internal disturbances (Emergency imposed by Indira Gandhi).

2. President’s Rule (Article 356)
   If the government of a state fails to function according to the Constitution, the President can assume direct control of the state government. This is commonly known as President's Rule.

   Grounds for Declaration:

   • Failure of the state government to follow constitutional provisions.

   • If the state government does not comply with directives from the Centre (Article 365).

   Approval and Duration:

   • Must be approved by both Houses of Parliament within two months.

   • Can be extended indefinitely by a special majority in Parliament every 6 months.

   Consequences:

   • The President takes over the state executive functions.

   • The state legislature’s powers may be transferred to Parliament.

   • The President may issue ordinances for the state.

   Judicial Review:
   The 44th Amendment Act (1978) allowed judicial review of the President’s satisfaction for declaring President’s Rule, which was previously non-reviewable.

3. Financial Emergency (Article 360)
   This can be declared if the financial stability or credit of India or any part of its territory is threatened.

   Approval and Duration:

   • Must be approved by both Houses of Parliament within two months.

   • Once approved, it continues until revoked.

   Effects:

   • The Union gains authority over state finances.

   • The President can reduce the salaries of state officials, including judges.

   • Financial bills in states are reserved for the President’s consideration.

Criticism of Emergency Provisions

While the emergency provisions are meant to protect the country during crises, they have faced criticism:

• Centralization of Power: Critics argue that they give excessive power to the Union government, weakening the federal structure.

• Dictatorship Risk: There is a fear that the President can become authoritarian.

• Impact on Fundamental Rights: These provisions allow the suspension of Fundamental Rights, undermining democracy.