2. National Emergency
National emergency is guaranteed in the Article 352 of Indian Constitution. National emergency is imposed during “war,
external aggression or armed rebellion in the whole of India or a part of its territory.”
The President declares national emergency based on the official request from the Prime Minister and the Council of
Ministers. The state of emergency expires after a month unless it’s approved by the Parliament within that stipulated
timeframe. According to Article 352(6), the majority of both the houses is needed to approve emergency. The emergency
period can be extended indefinitely by passing resolutions every six months.
During a national emergency, several Fundamental Rights are suspended along with the Right to Freedom. However,
citizens are allowed to enjoy their Right to Life and Personal Liberty. When national emergency is imposed in the country,
a unitary form of governance comes into effect with Parliament wielding the power to establish laws mentioned in the
State List. Moreover, the state money bills are referred to the Parliament for its approval. During national emergency, the
term of the Lok Sabha can be extended for up to one year.
3. State Emergency or the President’s Rule
When a state government is deemed unfit to function as per the Constitution and its political machinery collapses, it comes under direct control of the Union government.
The power of running the state administration shifts from the Chief Minister to the Governor. He administers the state in the name of the President. Also known as the
President’s rule, the purpose of ‘state emergency’ is elaborately documented in the Article 356 of the Constitution
The state emergency comes into effect under different circumstances with one of them being the breakdown of a coalition government. Elections getting postponed or the state legislature failing to elect a
leader as Chief Minister could be other viable reasons for the imposition of the President’s rule. During this phase, the Governor has the authority to appoint ex-civil servants or other bureaucrats to assist
him in discharging his duties. Initially, such emergency is imposed for a period of six months and it can be extended for a period of three years provided the Parliament gives its approval for the same. In
the past, the state emergency has been imposed for more than three years in states such as Jammu & Kashmir and Punjab. The extension was made possible only after constitutional amendment.
Sometimes, “arbitrary” imposition of President’s rule” by the Union government has received criticism from all quarters. Under Article 356, the purpose of giving wide powers to Union government is to
maintain law and order in the country and “preserve the unity and integrity of the nation.” However, that power has often been misused.
Imposition of state emergency for 39 times between 1966 and 1977 is a classic example. Be it the Indira Gandhi’s government or the Janata Party government, both used this power to dissolve state
governments ruled by opposition parties.
The Supreme Court has reduced the scope for misuse of Article 356 by establishing strict guidelines for imposing state emergency. Since early 2000, the incidents of
imposition of President’s rule have dropped substantially. The Sarkaria Commission has opined that Article 356 must be used “very sparingly” and “in extreme cases”
4. Types and Provisions of Emergencies in Indian constitution
wherein there are no other viable alternatives to prevent complete failure of constitutional machinery in the state.
Financial Emergency
The Article 360 of the Indian Constitution has the provision for imposing financial emergency when the President
is convinced that the economy is vulnerable and the financial stability of the country is under threat. The
Parliament has to approve financial emergency within two months. Such emergency remains enforced till it is
revoked by the President.
During financial emergency, the President gives directions to the state to adopt certain economic measures as he
may deem necessary and adequate. He can reduce the salaries of all government officials, including judges of the
Supreme Court and High Courts. The President has to approve all money bills passed by the State legislatures.
Although India has witnessed economic volatility in the past, financial emergency was never imposed. The country
had bailed itself out by putting its gold assets as collateral for foreign credit.
5. The 21 month Emergency declared on June 25, 1975 by then PM Indira Gandhi
often referred to as the "darkest phase of independent India" was the third time
The first two were during the Indo-China War 1962 and Indo-Pak War 1971,
respectively.
The Emergency was officially issued by the then President Fakhruddin Ali Ahmed.
6. Why did Indira Gandhi declare Emergency in India?
Chain of events:
1. The 1971 War with Pakistan already caused a deceleration in GDP
growth
2. Droughts, unemployment and oil crisis further troubled the Indian
economy fueling massive labor and student unrest in the country.
Why is the National Emergency of 1975 seen as
one of the most controversial times in the History
of India?
3. George Fernandis, the then President of the All India Railwaymen's
Federation organized an all India Railway Strike which led to massive
arrests and unrest in 1974.
4. Mass protests were being led by Jaya Prakash Narayan (JP) against her
corrupt and autocratic government.
5. The Govt. was increasingly trying to control the judiciary. On 12 June
1975, Indira Gandhi's election to Lok Sabha was declared void by the
Allahabad High Court on grounds of electoral malpractice. She rejected
calls for resignation and chose to go to the Supreme Court.
6. Indira Gandhi had her doubts that all this internal unrest was the
carefully planned doing of the American CIA to unseat her.
JP called for a satyagraha and rally to press for her resignation on 25th June
1975. Indira Gandhi feared that things were getting out of her control and
declared an Emergency on June 25, 1975 which continued for 21 months till
March 21, 1977.
