Emergency provisions in indian constitution

1. EMERGENCY PROVISIONS IN
INDIAN CONSTITUTION
Art.352- Art.360 PART XVIII
Anil Chourasia
Govt. P.G. College, Balaghat, (M.P.)

2. EMERGENCY PROVISIONS
Art.352- art.360
• EMERGENCY defined as: Event / circumstances
which call for immediate action or remedy.
  EMERGENCY PROVISIONS - to maintain the
security and integrity of the Nation.
1. National Emergency: (Art.352)
2. State Emergency: (Art.356)
3. Financial Emergency: (Art.360)
President if satisfied can proclaim entire or part of India
• Threat to the security of India,
• War / External aggression or Armed rebellion

3. • after receiving a written recommendation from the
CABINET.
• MUST be approved by Parliament within 1 month.
• If approved shall continue for SIX months
• Indefinite period with approval every SIX months.
1st
Emergency: Oct 1962 Chinese aggression
2nd
Emergency: Dec 1971 – Indo-Pak War.
3rd
Emergency: Jun 1975 – (Internal Disturbance)
Armed rebellion. Since after 44th
amendment
1978 cannot be declared on Internal
Disturbance.

4. Impact of National Emergency
Extra-ordinary Powers of Union during National
Emergency:
1) President can give directions to any State manner
in which its executive power is exercised
2) Parliament can extend the normal tenure of LOK
SABHA by ONE YEAR at a time.
3) President can modify pattern of distribution of
FINANCIAL RESOURCES between Union & States
4) Parliament empowered to legislate on state
subjects

5. 5. Suspension of Article 19: (Right to Six
Freedoms)
a) Impact before 44th
amendment,1978.
As per Art.358: automatic suspension of Art.19 war or
exrernal aggression. Effect was to remove the
limitation imposed by art.19 on the legislature and
executive. If Legislative makes a law or executive
commits an act which were inconsistent with
Fundamental Rights guaranteed by Art.19 , their
validity can not be questioned or challenged either
during or after such emergency ceases to exist.
b) Impact after 44th
amendment,1978
Armed Rebellion- Art.19 can not be suspended
Security of India or any part thereof is threatened by
war or external aggression. Then Art 19 is suspended.
Restored / revived automatically as soon as
Proclamation of emergency is withdrawn.

6. 6. Suspension of other Fundamental Rights
a) Impact before 44th
amendment,1978.
As per Art.359: suspension of all Fundamental Rights other
than Art.19 during emergency under Art.352.
Under Art 359, Fundamental Rights as such are not
suspended; what is suspended is their enforcement.
Not automatic but by an executive order by President. Can
not move any court for enforcement of Fundamental
Rights for the period in the order.
b) Impact after 44th
amendment,1978
restricts scope of Art359. No longer possible to suspend Art
20 &21

7. Art.355 Duty of the Union to protect States
1) Against external aggression
2) Internal disturbance,
3) ensure State Govt. function in accordance
to Constitutional provision.

8. Art.356: State Emergency: Presidents
Rule
Provisions in case of failure of Constitutional machinery in States
President is satisfied based either on Governors report or
otherwise that Governance not possible per constitution
1. No majority party / coalition party in State LA
2. State Govt. looses majority.
3. State Govt. functions in a manner subversive of
Constitution.
4. State Govt. does not comply with directions issued
by Central Govt.
5. Security of the State—threat---Widespread law &
order Breakdown.

9. Parliament approval within 2 months
If approved, remains in force for SIX months.
Extended for max. period of 3 years.
Beyond 1 year can be extended by 6 months at a time
only when the following two conditions are fulfilled.
1) A proclamation of national emergency should be in
operation in the entire country or in the whole or
any part of the concerned state and
2) The EC must certify that the General Elections to
the concerned State Legislative Assembly cannot
be held on account of difficulties.

10. PRESIDENT acquires extra-ordinary Powers;
 Can assign himself
• all or any of the the functions of the state
government
• All or any of the powers vested in the Governor
• Or any body or authority in the state.
 Can declare that
• The powers of the State Legislature shall be
exercisable by
• Or under the authority of the Parliament
 Can authorise when the Lok Sabha is not in
session
• Expenditure from the Consolidated Fund of the
state, pending Parliamentary sanction

11.  Can promulgate ordinances
• For the administration of the state when the
Parliament is not in session.
[ means dissolves the state council of ministers
headed by CM and the state legislature.]
 Parliament passes the state budget and legislation
bills
 State Governor on behalf of the President carries
on the State Administration with the help of
advisors appointed by the President or the Chief
Secretary of the State.
High Court Constitutional status, position, powers &
functions are not affected
President cannot interfere with HC Jurisdiction.

12. Art.360: Financial Emergency: If president is
satisfied Financial instability or credit of India or any
part is Threatened
Such proclamation MUST be approved by Parliament
within 2 months.
The PRESIDENT can
 Give directions to the states to observe the canons of financial
propriety
 Issue directions for the reduction of salaries and allowances of
all or any class of persons.
 Require that all money bills and other financial bills passed the
state legislature be reserved for his consideration.
 Issue directions for the reduction of salaries and allowances of
all or any class of persons serving in connection with the
affaires of the union , including the judges of the Supreme Court
and High Court.