The document discusses the three types of emergencies under the Indian constitution: national emergency, state emergency, and financial emergency. A national emergency can be declared by the president in cases of war, external aggression, or armed rebellion. A state emergency gives the central government control over a state if its government fails to function according to the constitution. A financial emergency has not been declared but would be used in cases of threats to India's financial stability.

2. Introduction
• According to Dr Babasaheb Ambedkar,’ The constitution of India is
federal as well as unitary. But at the time of crises, it becomes the
entire unitary system.
• There are three types of emergencies in Indian constitution
• National Emergency
• State Emergency
• Financial Emergency

3. 1. National Emergency
• Article 352 of the constitution of India deals with the National emergency. The President of
India has the power to proclaim the national emergency.
• If the president satisfied that there is a threat to the security of India or external
aggression then the president proclaims the national emergency.
• This power to proclaim the emergency is not like the president merely on the advice of PM
can proclaim an emergency. It is necessary that the Prime minister of India must
communicate in writing about an emergency to the president.
• There are three grounds on which president of India can proclaim emergency.

4. • War
• External aggression
• Armed rebellion
• BEFORE the 44 th amendment president had the power to proclaim the emergency on the
ground of internal disturbance but the 44th amendment replaced that word and insert
armed rebellion to ensure the abuse of emergency power. However, in 1988 article 352 of the
constitution of India again amended and allowed the president to proclaim the emergency on
the ground of internal disturbance. But After that, it was repealed by the 63rd amendment of
the constitution of India and this amendment clearly says that the emergency in this article
can only be issued on above mentioned three grounds.
• In India, there are four times when the president proclaimed emergency under Article 352
• At the time of the china war on 26 October 1962.
• Pakistan war in 1971.
• On 25 June 1975 on the ground of internal disturbance.
• Results of the National emergency

5. • Proclamation of emergency made extraordinary changes in administration. as the
executive and legislature of the union become more powerful than the state. For instance,
the emergency government of India can give a direction to the state on any matter.
• Under the emergency, Parliament may extend the period of the house of people for one
year at a time. In the emergency, Parliament has the power to legislate on the matters
which are given in the State list.
• President of India may suspend the division of taxes between the state and the unions and
granting aids to them.
• Impact on the relationship between the center and the country.
• The executive power is completely in the hands of the central government. The state can
be directed to any subject;
• the legislature authorizes the center to legislate on the matters included in the state list.

6. • 2. State Emergency
• Article 356 of the constitution of India deals with the state emergency. It is the duty
of the central government to protect the state and union territories from external
aggression, internal disturbance.
• it is the duty of the central government to ensure that the state is complying with
the provisions of the constitution of India. if the state is failed to comply with the
constitution then the president of India proclaims the “state emergency” in that
particular state.
• Failure of constitution machinery is the main reason for the state emergency.
According to Article 356 of the constitution of India, the president of India can
proclaim state emergency either by the report of the government or if President
satisfied that the state government failed to work in accordance with the
constitution of India.

7. • In a state emergency, except the judicial system, the union government has
complete control over the state. When analyzing previous state
emergencies, three general reasons mentioned in Article 356 can be
determined: a disorder of public order, political instability, corruption, and
poor governance.
• In Rameshwar Prasad vs Union Of India
• It was held that the President’s statement regarding the dissolution of the
Bihar State Assembly under Article 356 violated the Constitution on
irrelevant grounds. The court stated that the governor misled the center by
recommending the dissolution of the state assembly.
• .

8. • Effect of State emergency
• The effect of proclamation of the state emergency under Article 356 of the Constitution
of India shall be as follows –
• President of India may declare that the state will run under the authority of parliament
and parliament will get power to make laws which are given under state list.
• During the proclamation of emergency, the President of India may make such provision
which appears to him necessary to fulfil the object of proclamation.
• President of India may suspend the operation of any Constitutional provision relating to
anybody or authority in the State.
• Judiciary will work independently in a state emergency.
• Supreme court of India and High court can strike down the emergency which proclaims
under Article 356 which is based on malfide or irrelevant material

9. 3. Financial Emergency
• Article 360 of the Constitution of India gives authority to the president of India to
proclaim the financial emergency. However, so far there is no proclamation of
financial emergency that has been done. Article 360 of the Constitution of India
provides that is the president of India satisfied that there is a threat to the
financial stability of India or of any part of the territory of it then he may proclaim
the emergency.
• Duration of financial emergency is of continuance two months after two months
from the date of proclamation it will automatically cease.
• During a Financial emergency, president may issue directions for the reduction of
salaries and allowances of all. However, it also includes the judges of the
supreme court and high court

10. • The Union government can instruct the state to comply with certain
financial regulations. The President has the power to reduce the
salaries and allowances of all kinds of persons, including the judges
of the Supreme Court and the high Courts.
• The Union may ask states to reduce the salaries and
• allowances of all civil servants in connection with the affairs of the
state.
• So far there has been no financial emergency in the country.