Emergency Provision

In the vast canvas of India’s constitutional framework, emergency provisions stand as pivotal tools entrusted to the state to tackle extraordinary situations. Crafted with meticulous consideration by the framers of the Indian Constitution, these provisions serve as a safeguard against threats to the nation’s integrity, security, and sovereignty. Understanding these provisions is not merely an academic exercise but an essential facet for aspirants aiming to crack the UPSC examinations.

A state of emergency in India signifies a period of governance that can be declared by the President of India during specific crisis situations. Upon the recommendation of the cabinet of ministers, the President holds the authority to suspend numerous provisions of the Constitution, including those safeguarding Fundamental Rights of Indian citizens.

These emergency provisions are outlined in Part XVIII of the Constitution of India, spanning from Article 352 to Article 360. They grant the Central government the capacity to effectively address any abnormal circumstances.

The rationale behind these provisions’ inclusion is to protect the country’s sovereignty, unity, integrity, and security, as well as its democratic political system and the Constitution itself.

The Constitution delineates three categories of emergencies:

1. National Emergency
2. Constitutional Emergency
3. Financial Emergency

1. National Emergency

A National emergency can be declared based on conditions of war, external aggression, or armed rebellion, as specified in the Constitution. The term ‘proclamation of emergency’ denotes this type of emergency.
Under Article 352, the President holds the authority to declare a national emergency when the security of India or any part of it faces threats due to war, external aggression, or armed rebellion. The declaration can be made even before the actual occurrence of war, armed rebellion, or external aggression.

A national emergency declared due to ‘war’ or ‘external aggression’ is termed as an ‘External Emergency’, while if declared due to ‘armed rebellion’, it is termed as an ‘Internal Emergency’. The term ‘armed rebellion’ was introduced through the 44th amendment, replacing ‘internal disturbance’.

Proclamation of emergency

The declaration of emergency must receive approval from both houses of Parliament within one month from its issuance. However, if the emergency proclamation is issued when the Lok Sabha has been dissolved, or if dissolution occurs during the one-month period without approval, the proclamation remains valid until 30 days after the reconstitution of the Lok Sabha, provided the Rajya Sabha has approved it in the interim.

Once approved by both houses, the Emergency remains in effect for six months and can be extended indefinitely with Parliament’s approval every six months. Each resolution approving the emergency proclamation or its continuation requires a special majority in either House of Parliament.

Revocation of Emergency

The President has the authority to revoke a proclamation of Emergency at any time through a subsequent proclamation, without needing parliamentary approval. However, if the Lok Sabha passes a resolution disapproving its continuation with a simple majority, the Emergency must be revoked.

Effects of national emergency

• Executive: The Centre gains authority to issue executive directions to states on any matter.
• Legislative: Parliament gains the power to legislate on subjects listed in the State List. The President can also issue ordinances on state subjects if Parliament is not in session. Laws made by Parliament on state subjects become inoperative six months after the emergency ends.
• Financial: The President can alter the distribution of revenues between the Centre and states as per the Constitution.
• Impact on the Tenure of Lok Sabha and State Assemblies: During a National Emergency, the term of the Lok Sabha can be extended beyond its normal term by one year at a time, up to a maximum of six months after the emergency ends.
  Similarly, State Legislative Assemblies can have their normal tenure extended by one year at a time, subject to a maximum period of six months after the emergency ends.
• Effects on Fundamental Rights: Suspension of Article 19 Rights: Under Article 358, during a National Emergency declared due to war or external aggression, the six fundamental rights under Article 19 are automatically suspended. Article 19 rights are reinstated after the emergency ends.
  Suspension of Other Fundamental Rights: Article 359 authorizes the President to suspend the right to move any court for enforcing Fundamental Rights during a National Emergency. Only those rights specified in the Presidential Order are suspended. This suspension can last for the duration of the emergency or for a shorter period. The Order must be presented to both Houses of Parliament for approval. However, Article 20 and 21 rights cannot be suspended according to the 44th Amendment Act.

2. President Rule

Article 355 mandates the Centre to ensure that every state government functions in accordance with the Constitution. In cases where the constitutional machinery fails in a state, the Centre assumes control of the state government under Article 356. This action is commonly referred to as “President’s Rule.”

Grounds of imposition

Under Article 356, the President can declare President’s Rule on two grounds:

1. If the President is convinced that a situation has arisen where the state government cannot function in accordance with the Constitution.
2. If a state fails to comply with or implement any direction from the Centre, as stated in Article 365, the President can deem that a situation has arisen where the state government cannot operate in accordance with the Constitution.

Approval and Duration

A proclamation enforcing President’s Rule must receive approval from both houses of Parliament within two months of its issuance. However, if the proclamation is issued when the Lok Sabha is dissolved or if dissolution occurs during the two-month period without approval, it remains valid until 30 days after the Lok Sabha’s first sitting after reconstitution, provided the Rajya Sabha approves it in the interim.

Impact of President Rule

During the imposition of President’s Rule in a state, the President gains the following exceptional powers:

• Assume the functions of the state government and the powers vested in the governor or any other executive authority in the state.
• Declare that the powers of the state legislature are to be exercised by Parliament.
• Take all other necessary measures, including the suspension of constitutional provisions related to any body or authority in the state.

The 38th Amendment Act of 1975 established that the President’s satisfaction in invoking Article 356 was final and conclusive, immune from challenge in any court. However, this provision was later removed by the 44th Amendment Act of 1978, indicating that the President’s satisfaction is subject to judicial review.

3. Financial Emergency

Article 360 grants the President the authority to declare a Financial Emergency if they are convinced that a situation has emerged that poses a threat to the financial stability or credit of India or any part of its territory.

Approval and Duration

A declaration of Financial Emergency must receive approval from both Houses of Parliament within two months of its issuance. However, if the proclamation is issued when the Lok Sabha is dissolved or if dissolution occurs during the two-month period without approval, it remains valid until 30 days after the Lok Sabha’s first sitting after reconstitution, provided the Rajya Sabha has approved it in the interim. Once approved by both houses, the Financial Emergency persists indefinitely until revoked.

Impact of Financial Emergency

• Extension of the Union’s executive authority over the financial affairs of the States.
• Decrease in salaries and allowances of individuals serving in the State, either for all or specific classes.
• Reservation of all money bills or other financial bills for the President’s consideration after approval by the State legislature.
• President’s directive to reduce salaries and allowances of individuals serving the Union, including judges of the Supreme Court and High Courts.

Criticism of Emergency Provision

Here are the concerns raised by some members of the Constituent Assembly against including emergency provisions in the Constitution, along with an explanation in simpler terms:

1. Destruction of Federal Character: They feared that incorporating emergency provisions would harm the balance between the central government and the states. They worried that the central government would become too powerful, diminishing the states’ authority.
2. Encroachment on States’ Powers: They were concerned that emergency provisions would allow the central government to take over all powers from the states. This means that decisions would be made by the central government, leaving the states with little authority.
3. Fear of Dictatorship: Some members worried that emergency provisions would give too much power to the President and the cabinet. They feared that in times of crisis, the President and the cabinet might act like dictators, making decisions without considering others’ opinions.
4. Loss of Financial Autonomy: They were concerned that emergency provisions would strip states of their financial independence. This means that states wouldn’t have control over their own finances, as the central government would have the final say.
5. Threat to Fundamental Rights and Democracy: Some feared that emergency provisions would undermine the rights guaranteed to citizens in the Constitution. They worried that during emergencies, these rights might be suspended, leading to a breakdown in democracy.

Also read about office of President and Vice President.