This document summarizes key provisions relating to emergency powers under the Indian constitution. It discusses National Emergency (Article 352), President's Rule (Article 356), and Financial Emergency (Article 360). For each provision, it outlines the grounds for declaration, approval process, duration, effects and restrictions imposed by the 44th Constitutional Amendment Act. It also provides examples of past declarations and discusses safeguards against misuse of emergency powers.

1. EMERGENCY
PROVISIONS

2. EMERGENCY PROVISIONS
EMERGENCY
PROVISIONS
ARTICLE
352-360
PART
XVIII
WAR
EXTERNAL
AGGRESSION
ARMED
REBELLION
ARTICLE
352
NATIONAL
EMERGENCY
'PROCLAMATION
OF EMERGENCY'
PRESIDENT'S RULE
STATE
/CONSTITUTIONAL
EMERGENCY
ARTICLE
356
FAILURE OF
CONSTITUTI.M
ACHINERY
THREAT TO
FIN.
STABILITY/
CREDIT OF
INDIA
ARTICLE
360
FINANCIAL
EMERGENCY

3. JUDICIAL REVIEW
38TH CAA,1975-IMMUNE FROM J.R 44TH CAA- DELETED IMMUNE
BY PRESIDENT
AFTER RECEIVING WRITTEN RECOM.
FROM CABINET(NOT BY P.M)
44TH CAA,1978
GROUNDS OF DECLARATION OF NE
WAR,EXTERNAL AGGRESSION,ARMED
REBELLION(ALSO EVEN BEFORE)
EXTERNAL EMER.-WAR/EXTERNAL AGGRESSI.
INTERNAL EMER.- ARMED REBELLION

4. APPROVAL MAJORITY
SPECIAL MAJORITY( 44TH CAA) MAJORITY OF TOTAL MEMBERSHIP
MAJORITY OF NOT LESS THAN 2/3 OF
MEMBERS PRESENT AND VOTING
IF L.S DISSOLVED DURING 6 MONTHS WITHOUT APPROVING FOR FURTHER CONTINUANCE
PROCLAMATION SURVIVES UNTIL 30 DAYS FROM FIRST
SITTING OF L.S
MEAN TIME- R.S APPROVED IT
PERIOD
CONTI. FOR 6 MONTHS
EXTENTED BY PARLI. FOR INDEFINITE PERIOD WITH
APPROVAL OF EVERY 6 MONTHS (44TH CAA)
IF L.S DISSOLVED (DURING ISSUED/WITH IN ONE MONTH)
PROLAMATION SURVIVES 30 DAYS FORM FIRST SITTING OF
L.S
MEANTIME-R.S APPROVED IT
PARLIAMENTARY APPROVAL
WITH IN ONE MONTH 44TH CAA(REDUCED 2 MONTHS EARLIER)
WHERE
ENTIRE COUNTRY/PART OF IT
42ND CAA,1976 (LIMIT THE OPERATION OF NE TO SPEIFIC
PART)

5. BOTH HOUSE L.S ONLY
SPECIAL MAJORITY SIMPLE MAJORITY
DIFFERENCE BETWEEN APPROVAL & DISAPPROVAL RESOLUTION FOR CONTI.
APPROVAL DISAPPROVAL
44 CAA, IF 1/10 OF L.S NOTICE TO SPEAKER OR PRESIDENT
SPECIAL SITTING HELD WITH IN 14 DAYS CONSIDERING RESOLUTION OF DISAPPROVING CONTINUANE
IF L.S DISAPPROVING CONTINUANCE
PRESIDENT MUST REVOKE 44 CAA
REVOCATION OF PROCLAMTION
PRESIDENT AT ANY TIME NO PARLIAMENTARY APPROVAL

6. EFFECTS OF NATIONAL EMERGENCY
C-S RELATIONS
• CENTRE DIRECTS ANY STATE ON EXECUTIVE MATTER
• STATE GOVT. UNDER COMPLETE CONTROL OF CENTRE(NOT
SUSPENDED)
EXECUTIVE
• PARLIAMENT MAKES LAWS ON STATE LIST(INOPERATIVE
SIX MONTHS AFTER EMER.CEASE TO OPERATIVE)
• LEG POWER OF STATE NOT SUSPENDED, BUT SUBJECT TO
OVERRIDING POWER OF PARLI.
• IF PARLI NOT IN SESSION, PRESIDENT ISSUE ORDINANCES
• EXE & LEG ABOVE POWER EXTENDS TO ANY STATE
WHERE EMER NOT IN OPERATION(42ND)
LEGISLATIVE
• CONSTI DISTRI OF REVENUE B/W C & S CAN MODIFY BY
PRESIDENT (REDUCE/CANCEL TRANS FROM C&S)
• CONTI TILL FINAN YEAR IN WHICH EMER CEASE TO OPERATE
• EVERY SUCH ORDER OF PRESI LAID BEFOR BOTH HOUSE OF PARLI
FINANCIAL

7. EFFECT ON LIFE OF LS AND STATE ASSEMBLY
• EXTENDED BEYOND 5 Y
• BY LAW OF PARLI FOR 1 Y AT
A TIME (FOR ANY LENGTH
OF TIME)
• CAN’T CONTI 6 MONHTS
AFTER EMER CEASE TO
OPERATE
LIFE OF
LS &
S.L.A

8. EFFECT ON FR (ART 358 & 359)
44TH CAA 1978
FR UNDER ART 19 SUSPENDED ONLY NE ON
WAR/EXTERNAL AGGRESSION (NOT ON ARMED
REBELLION)
ONLY LAWS RELATED TO EMERGENCY PROTECTED
FROM CHALLENGE, NOT OTHER LAWS
EXE ACTION ONLY UNDER SUCH LAW IS PROTECTED
EMER CEASES TO OPERATE
AUTOMATICALLY REVIVES
LAWS INCONSISTENT WITH ART 19 CEASES TO HAVE
EFFECT
LEG/EXE ACTION DURING EMER CAN’T CHALLENGE
EVEN AFTER CEASE TO OPERATE
ART 358- SUSPENSION OF SIX FR UNDER ART 19
AUTOMATICALLY SUSPENDED
CAN MAKE ANY LAW/ EXE ACTION TAKING AWAY ART
19
CAN’T CHALLENGED ON GROUND THEY ARE AGAINST
ART 19

9. SUSPENSION OF OTHER FR(ART 359)
LAWS
CAN MAKE ANY LAWS/EXE ACTION INCONSIS WITH
SPECIFIED FR
THAT CAN’T CHALLENGED ON GROUND INCONSISTENT WITH
FR
APPROVAL
LAID BEFORE EAH HOUSE OF PARLIAMENT
PERIOD
DURING OPERATION OF EMER/
SHORTER PERIOD MENTIONED IN ORDER
EXTEND TO WHOLE / ANY PART OF INDIA
AUTHORISES PRESIDENT TO SUSPEND RIGHT TO MOVE ANY COURT FOR ENFORCEMENT OF FR
FR NOT SUSPENDED
ENFORCEMENT IS SUSPENDED
SUSPENSION OF PARTICULAR FR MENTIONED IN FR

10. 44TH CAA 1978 – ART 20 & 21
PRESI CAN’T
SUSPEND RIGHT TO
MOVE TO COURT
FOR ENFORCEMENT
OF FR (ART 20 &21)
ART 20- RIGHT TO
PROTECTION IN
RESTECT OF
CONVICTION OF
OFFENCES
ART 21- RIGHT TO
LIFE & LIBERTY
ONLY LAWS
RELATED TO
EMERGENCY
PROTECTED FROM
CHALLENGE, NOT
OTHER LAWS
EXE ACTION ONLY
UNDER SUCH LAW
IS PROTECTED
ORDER CEASES TO OPERATE
ANY LAW INCONSIS WITH SPECI FR CEASE
TO EFFECT
LEG & EXE ACTION CAN’T CHALLEGE EVEN
AFTER ORDER EXPIRES

11. DISTINGUISH B/W 358 &359
358
ART 19
AUTOMATICALLY SUSPEND
EXTERNAL EMERGENCY
ENTIRE DURATION OF EMERGENCY
ENTIRE COUNTRY
SUSPENDS ARTICLE 19 COMPLETELY
CAN MAKE LAW/EXE INCONSISTENT
WITH FR ART 19
LAWS RELATED WITH EMERGENCY GET
IMMUNITY FORM CHALLENGE
EXE ACTION TAKEN UNDER THIS LAW
ONLY PROTECTED
359
ALL FR
PRESIDENTIAL ODER FOR SPECIFIED FR
EXTERNAL & INTERNAL
PERIOD SPECIFIED BY PRESIDENT
(ENTIRE/SHORTER)
ENTIRE COUNTRY /PART OF IT
NOT ART 20 & 21
CAN MAKE LAW/EXE INCONSISTENT WITH
FR SPECIFIED ON PRESI ORDER
LAWS RELATED WITH EMERGENCY GET
IMMUNITY FORM CHALLENGE
EXE ACTION TAKEN UNDER THIS LAW
ONLY PROTECTED

12. • FAILURE OF CONSTITUTI. MACHINERYPRESIDENT’S RULE
• STATE EMERGENCY/CONSTITUTIONAL EMERGENCYALSO KNOWN AS
• 356ARTICLE
• DUTY OF CENTRE TO ENSURE GOVT. OF EVERY STATE CARRIED ON
ACCORDANCE WITH PROVISION OF CONSTITUTIONART 355
• 356- PRESIDENT FEELS STATE CANNOT CARRIED ON ACCORDANCE WITH
PROVISION OF CONSTITUTION (WITH GOVER. REPORT/NOT)
• 365-STATE FAILS TO GIVE EFFECT TO ANY DIRECTION FROM THE CENTRE
356-PROCLAIMED ON
TWO GROUNDS
• WITH IN TWO MONTHS
PARLIAMENTARY
APPROVAL
•6 MONTHS
•EXTENDED FOR 3 YEARS WITH APPROVAL OF PARLIA. EVERY SIX
MONTHS (44TH CAA – NOT BEYOND 1 YEAR)
•BEYOND 1 Y, EXTENDED BY 6M IN TWO CIRCUM.. N.E, ELECTION
PERIOD

13. • PROCLA. SURVIVES 30 DAYS FROM I SITTING
• MEANWHILE R.S APPROVED IT
IF L.S DISSOLVED
DURING 6 MONTHS,
• SIMPLE MAJORITY
• (MAJORITY OF MEM. PRESENT & VOTING)
MAJORITY
• PRESIDENT SUSPEND L.A
• AFTER APPROVAL ONLY DISSOLVED
• IF NOT APPROVED L.A REACTIVATED
UNTIL PARLI.
APPROVAL
• PRESIDENT AT ANY TIME
• NOT REQUIREED PARLI. APPROVAL
REVOKED
• YES(44 CAA,1978)
• IF COURT –UNCONSTITUTIONAL-SL.A REVIVED
JUDICIAL REVIEW

14. CONSEQUENCES OF PRESI. RULE
• STATE GOVT, GOVERNOR, ANY EXEXCUTIVE
PRESIDENT TAKE POWERS OF
• EXERCISED BY PARLIAMENT
POWER OF STATE LEGISLATURE
• SUSPEND CONSTITUTIONAL MACHINERY OF ANY BODY/AUTHORITY
PRESIDENT CAN
• STATE COM& C.M
• STATE GOVENOR-ADMINISTRATION WITH HELP OF SHIEF SECRETARY /ADVISOR APPOINTED BY PRESIDENT
PRESIDENT DISMISS
• PARLIAMENT PASSES STATE LEG. BILLA & STATE BUDGETS
PRESIDENT SUSPENDS/DISSOLVES STATE L.A

15. PARLIAMENT MAKE
LAWS
PRESIDENT/ANY
OTHER SPECIFIED
AUTHORITY MAKE
LAWS (POWERS
&DUTIES ON
CENTRE/ITS OFFICERS)
STATE CONSOLIDATED
FUND SANCTIONED BY
PARLIAMENT (PRE.
AUTHORISE)
PRESSIDENT
PROMULCATE
ORDINANCES(ID
PARLI. NOT IN
SEESSION)
LAWS CONTINUES
AFTER PRESIDENT’S
RULE ALSO
REPEALED/ALTERED/R
E-ENACTED BY S.L
CONSTI. POSITIONS,
STATUS,POWERS &
FUNCTIONS OF H.C
REMAIN SAME
IF S.L SUSPENDED/DISSOLVED

16. PRESIDENT’S RULE
BY S.C ON BOMMAI CASE(1994) BASED ON SARKARIA COMMISSION REPORT ON C-S
RELATIONS(1988)
PROPER USE
• NO MAJORITY IN ASSEMBLY
• HUNG ASSEMBLY
• DECLINES TO FORM MINISTRY
• MINISTRY RESIGN/NO OTHER PARTY
IS WILLING
• DIRECTION OF CENTER DISREGARDED
BY STATE
• INTERNAL SUBVERSION
• GOVT. ACTING AGAINST
CONSTITUTION/LAW-VIOLENT
REVOLT
• PHYSICAL BREAKDOWN- GOVT.
REFUSES TO DISCHARGE ITS CONSTI.
OBLIGATIONS
• STATE GOVT- ANTI-SECULAR POLITICS
– ACTION UNDER ART 356 (SC-1994-
BOMMAI CASE)
IMPROPER USE
• MINISTRY RESIGNS/GOVENOR
RECOMM. WITHOUT PROBING
POSSIBILITY OF ALTER. GOVT.
• GOVERNOR MAKES OWN ASSESSMENT
WITHOUT FLOOR TEST
• RULING PARTY MASS DEFEAT IN L.S
• INTERNAL DISTURBANCES(NOT
SUBVERSION/ BREAKDOWN)
• MALADMINSTRATION
• ALLEGATION OF CURRUPTION
• STRINGENT FINANCIAL EXIGENCIES
• NOT GIVEN PRIOR WARMING EXCEPT
EXTREME URGENCY
• INTRA PARTY
PROBLEMS/IRRELEVANT/EXTRANEOUS
PURPOSE

17. • FINANCIAL STABILITY/CREDIT OF INDIA/ANY PART OF
TERRITORY THREATENEDFINACIAL EMERGENCY
• 360ARTICLE
• PRESIDENTBY
• YES (44 CAA) EARLIER NO(38 CAA,1975)JUDICIAL REVIEW
• WITH IN 2 MONTHSPARLIAMENTARY
APPROVAL
• SIMPLE MAJORITY (MAJORITY OF MEM. OF HOUSE
PRESENT AND VOTING)MAJORITY
• PROCLA. SURVIVES UNTIL 30 DAYS FROM THE FIRST SITTING OF L.S
• MEANWHILE, R.S APPROVED IT
IF L.S DISSOLVED DURING
2 MONTHS
• INDEFINITE PERIOD, NO MAXIMUM PERIOD
• NO REPEATED PARLIAMENTARY APPROVAL
PERIOD
• PRESIDENT AT ANY TIME BY PROCLAMTION
• NO PARLIAMENTAY APPROVAL
REVOKATION
FINANCIAL EMERGENCY

18. • TO DIRECTING ANY STATE
• TO DIRECTIONS AS PRESIDENT MAY DEEM NECESSARY
EXECUTIVE
AUTHORITY OF THE
CENTRE EXTENDS
•REDUCTION OF SALARIES & ALLOWANCES OF ALL/ANY CLASS OF
PERSONS SERVING IN THE STATE
•RESERVATION OF ALL MONEY BILLS/OTHER FINANCIAL BILLS FOR
PRESIDENT CONSIDERATION
CENTRE DIRECTIONS
• REDUCTION OF SALARIES & ALLOWANCES OF ALL/
ANY CLASS OF PERSONS IN UNION
• JUDGES OF S.C & H.C
PRESIDENT
DIRECTIONS
• CENTRE ACQUIRES ALL CONTROL OVER
STATES IN FINANCIAL MATTERS
CENTRE-STATE
• NOFM DECLARED SO FAR
EFFECTS OF FINANCIAL EMERGENCY

19. 44TH
CAA
1978
TERM
'INTERNAL
DISTURBANCE
' - 'ARMED
REBELLION'
RECOMM.
FROM
CABINET NOT
FROM P.M
UNDER
JUDICIAL
REVIEW
PARLIA.
APPROVAL
REDUCED TO
WITHIN ONE
MONTH
PERIODICAL
PARLIA.
APPROVAL
FOR EVERY
SIX MONTHS
PARLIA.
APPROVAL
SPECIAL
MAJORITY
IF L.S
DISAPPROVE
CONTINUANCE
,PRESIDENT
MUST REVOKE
IF 1/3 OF MEM. OF L.S
WRITTEN NOTICE TO
SPEAKER/PRESIDENT-
SPECIAL SITTING OF
HOUSE HELD WITHIN
14 DAYS FOR
CONSIDERING RESOL.
DISAPPRO.
CONTINUANCE
RESTRICTED
ART 358 &
359
RESTRAINT
POWER OF PARLI
TO EXTEND P.R
BEYOND 1 Y
EXTENDED BY 6
M AT A TIME

20. DECLARATION MADE
SO FAR
NE
1962-68
CHINESE
AGGRESSION
IN NEFA
1971-77
ATTACK BY
PAK
1975-77
INTERNAL
DISTURBANC
E
SHAH
COMMISSION
44TH CAAA
1978
SAFEGAURDS AGAINST
MISUSE OF EMER
PROVISIONS
PR
1 ST – PUNJAB
1951
AFTER MANY
DEAD LETTER-
DEADLY WEAPON
FE
NO SO FAR