THE EMERGENCY

PROVISIONS
◻ The Indian system of government is of quasi-judicial
nature where resembling a federal government, powers
are distributed between the centre and the state and
similar to unitary form because of retention of powers
to the Union during emergency. Here the state
government relinquishes their rights to the central
government to retain security and pursuit of public
welfare.
◻ Emergency Provisions are contained in Part XVIII of
the Constitutio. The President has the power to impose
emergency rule in any or all the states if the security of
part or all of India is threatened by "war or external
aggression or armed rebellion"
◻ The Emergency provisions are contained in Part
XVIII of the Constitution, from Articles 352 to
360. These provisions enable the Central
government to meet any abnormal situation
effectively. The rationality behind the incorporation
of these provisions in the Constitution is to
safeguard the sovereignty, unity, integrity and
security of the country, the democratic political
system, and the Constitution.
◻ During an Emergency, the Central government
becomes all powerful and the states go into the total
control of the Centre. It converts the federal
structure into a unitary one without a formal
amendment of the Constitution.

◻ This kind of transformation of the political system

from federal during normal times to unitary during
Emergency is a unique feature of the Indian
Constitution.
◻ The Constitution provides three types of emergencies:
◻ 1.An emergency due to war, external aggression or armed
rebellion (Article 352). This is popularly known as ‘National
Emergency’. However, the Constitution employs the
expression ‘proclamation of emergency’ to denote an
emergency of this type.

◻ 2.An Emergency due to the failure of the constitutional

machinery in the states (Article 356). This is known as
‘President’s Rule’. It is also known by two other
names—‘State Emergency’ or ‘constitutional Emergency’.
◻ 3.Financial Emergency due to a threat to the financial
stability or credit of India (Article 360).
 National Emergency (Article 352)

◻ If the president of the state is not satisfied that

grave emergency exists whereby the security of
India or any part is threatened whether by war or
external aggression or an armed rebellion, then he
may proclaim a state of national emergency for the
whole of India or a part of India.
◻ Such a proclamation of emergency may be revoked
by the president subsequently.
◻ The proclamation of emergency made under article
352 may be subjected to the judicial review and its
constitutionally can be questioned in a court of law
on the grounds of malafide.
◻ The proclamation made must be approved by both
the houses of parliament within one month after the
proclamation.
◻ The effect of the proclamation of emergency is the
emergence of the full-fledged Unitary Government.
 State Emergency (Article 356)

◻ Article 356 provides that if the President, on receipt of

a report from the Government of a state or otherwise, is
satisfied that a situation has arisen in which the
Government of the State cannot be carried on by the
provisions of the Constitution, the President may issue
a proclamation.
◻ By that proclamation, the president may assume to
himself all or any of the powers vested in the Governor
and may declare that the powers of the legislature of the
State shall be exercisable by the Parliament.
◻ The proclamation issued under Article 356 must be
laid before each House of the Parliament. If the
proclamation is not approved by both Houses, it
will expire in two months.

◻ The Proclamation is so approved by Parliament (by

simple majority) shall be in operation for six
months. However, it may be revoked in between or
extended further by the Parliament.
 Financial Emergency (Article 360)

◻ Article 360 states that if the President is satisfied that a

situation has arisen whereby the financial stability or the
credit of India or any part thereof is threatened, President
may declare a state of financial emergency.
◻ During the period such Proclamation is in operation, the
executive authority of the Union extends to the giving of
directions to any State to observe such canons of financial
propriety as may be specified in the directions, any such
directions may also include:
A provision required the reduction of salaries and allowances of
all or any class of person serving a State or the Union.
A provision requiring all Money Bills or other Financial Bills to
be reserved for the consideration of the President after they are
passed by the legislature of the State.
◻ A Proclamation issued under Article 360 will remain in
force for two months unless before the expiry of the
period it is approved by both the Houses of the
Parliament.
◻ A proclamation issued under Article 360 will remain in
force for two months unless before the expiry of the
period it is approved by both the Houses of the
Parliament.
◻ Once approved it remains in force till revoked by the
President.
◻ No emergency under Article 360 has been issued so far.
 Effect Of Proclamation Of Emergencies

◻ The effects of Proclamation of Emergency are

given under Article 353 of the Constitution. The
power under this is provisional and cannot be used
without reasonable care. The most important effect
is that during the operation of a proclamation the
federal nature of the government becomes unitary
and the union has power to give directions to the
state in reference to the executive power to be
exercised by them.
◻ In this way the legislative power of the union
parliament is enlarged up to the extent that it can make
laws for the state and also modify provisions regarding
revenue matters. Where the fundamental rights are
concerned, during emergency arising out of war or
external aggression Article 19 is suspended.
◻ During the continuance of proclamation, power is
vested in the President to suspend the right of
individual to move to the courts in case of infringement
of their fundamental rights except those under Article
20 and Article 21 under the Constitution of India.
◻ In Bennett Coleman & co. v. Union of India, the supreme
court held that the Newsprint Policy of 1972-73 in
continuation of the old policy made before the Proclamation
of Emergency was not protected during the operation of the
proclamation from attack under Article 19.
◻ Under the President’s Rule the President is empowered with
powers to suspend or dissolve the State legislative Assembly.
The provisions made by the president in view of the Rule are
incidental or consequential and must be necessary to give
effect to objects of the proclamation. Article 357 provides the
manner in which the legislative powers are exercised under
the proclamation issued under Article 356.
◻ In Nishi Kanta Mondal v. State of W.B, it was held that the
Act enacted, in view of the provisions of clause (2) of
Article 357, shall continue to remain in force in spite of the
revocation of the Proclamation unless the Act is repealed or
re-enacted with or without modifications by an Act of
appropriate legislature.
◻ While the Proclamation of Financial Emergency is operative
as per Article 360 of the constitution, powers are vested in
the President to give directions to states regarding financial
matters, to reduce salaries and allowance of government
servants and also reserve all money bills. The salaries of the
higher official including judges of the Supreme Court can
also be altered to make the country financially stable at
times of crisis.
◻ First time in S.R Bommai v. Union of India, it was held that
the Proclamation under Art. 356 can be subject to judicial
review. The judges have the power to examine the validity of
grounds on which the Proclamation of Emergency is based.
The power of judicial review was first experienced in State of
Rajasthan v. Union of India, & it was held that there cannot
be any uniform rule of law for proclamation of emergency, it
varies in different circumstances.
◻ As stated in S.R. Bommai v. Union of India, by the Supreme
Court of India that grounds of Proclamation of Emergency
must be reasonable and are subject to judicial review, the
ancient Romans placed automatic limit of six months on
Emergency dictatorship. According to them existence of
reasonable cause is must and the same should be proved and