Emergency provisions

2. Emergency Provisions
• This is a unique feature of Indian Constitution
that allows the Centre to assume wide powers in
order to handle special crucial situations.
• The Emergency provisions are contained from
Articles 352 to 360.
• These provisions enable the Central government
to meet any abnormal situation effectively and to
safeguard the sovereignty, unity, integrity and
security of the country, the democratic political
system, and the Constitution.

3. • During Emergency, Centre can assume the
legislative and executive power of any state
and thus the Central government becomes all
powerful and the states go into the total
control of the Centre. This provision also
empowers the Centre to curtail freedom and
rights. Hence scholars are hesitant to call
Indian Constitution to be fully Federal.
• An emergency can be proclaimed only on the
basis of written advice tendered to the
President by the Cabinet.

4. 1. National Emergency(Article 352)
• Whenever there is a threat for peace, security,
stability and governance of the country due to
–War
–External Aggression
–Internal rebellion
• All the executive functions of the state come
under the control of the union government.
• The President by order can direct that all
provisions regarding division of taxes between
Union and States and grants-in-aids remain
suspended.
•Many fundamental rights are curtailed.

5. Procedure for Proclamation of National Emergency:
•To be done by written advice from Union Cabinet.
•Each house of Parliament should approve within
one month of declaration. (by 2/3 majority).
•Once approved, emergency will remain for a period
of six months.
Procedure for Revocation National Emergency:
•Done by the President by another proclamation.
•10 % or more members in Lok Sabha can
disapprove or revoke emergency by simple majority.
•Then immediately the emergency become
inoperative

6. 2. State Emergency (Article 356)
• An Emergency due to the failure of the
constitutional machinery in the states. This is
popularly known as President’s Rule. It is also
known by State Emergency or constitutional
Emergency.
• President can proclaim emergency on a state if
they are satisfied with a report from the
Governor that the governance of the state cannot
be carried out smoothly.

7. •Then the President can
–Assume themselves any function of the State (other
than High Court).
–Declare that the state legislature is exercised
through the Parliament.
–Make any desirable decisions
Procedure for Proclamation of State Emergency:
•The Governor shall give satisfactory report to the
President regarding the necessity.
•Both houses of Parliament shall approve within two
months.
•Once approved, emergency will remain for a period
of six months.

8. 3. Financial Emergency (Article 360)
• Emergency due to a threat to the financial stability
or credit of India
• The executive and legislative powers will be then
exercised by the Union.
• Should be approved by the both houses of
Parliament within two months.
• Union can direct the State Governments to reduce
the salaries and allowances of all or any class of
person serving in connection with the affairs of
the Union including the Judges of the Supreme
Court and High Courts.

9. Procedure for Proclamation of Financial Emergency
•President shall proclaim
•Approved by Parliament in two houses
by simple majority
•Automatically comes to an end on the
end of financial year (31st March)
Procedure for Revocation
•By simple proclamation by the President.