Emergency Provisions

Emergency Provisions in the Indian Constitution are outlined in Part XVIII (Articles 352 to 360). These provisions empower the Central Government to respond to extraordinary situations that threaten the security, stability, and governance of the nation. The framers of the Constitution incorporated these provisions to ensure the sovereignty and integrity of India during crises.

Types of Emergencies

1. National Emergency (Article 352):

   • Declared when there is a threat to the security of India or any part of it due to war, external aggression, or armed rebellion.
   • Requires a written recommendation from the Cabinet to the President.
   • Impacts:
     • Fundamental Rights under Article 19 are automatically suspended.
     • Legislative powers shift to the Parliament.
     • The Union government gains overriding executive powers.
   • Examples: The Indo-China War (1962), the Indo-Pak War (1971), and the Emergency during internal disturbances (1975-77).
2. State Emergency (Article 356):
   • Declared when the President believes that the governance of a state cannot be carried on in accordance with the Constitution (President’s Rule).
   • Impacts:
     • The President assumes the functions of the state government.
     • The Parliament makes laws for the state.
   • Example: Frequent imposition of President’s Rule in various states.

3. Financial Emergency (Article 360):

   • Declared when the financial stability or credit of India or any part of its territory is threatened.
   • Impacts:
     • The President can direct states to observe financial propriety.
     • Salaries of government officials, including judges, can be reduced.
     • All money bills passed by the state legislatures require Presidential approval.
   • No Financial Emergency has been declared so far in India.

Safeguards

• Parliamentary Approval: Emergencies must be approved by both Houses of Parliament within a stipulated time (1 month for National and State Emergencies, 2 months for Financial Emergency).
• Judicial Review: Courts can review the proclamation of emergency to ensure it is not malafide.
• Time Limit: A National Emergency remains in force for 6 months and can be extended by Parliamentary approval.
• Fundamental Rights: While some rights can be suspended, Articles 20 and 21 cannot be suspended even during a National Emergency.

Criticism

• Misuse of Power: The Emergency of 1975-77 highlighted the potential for abuse of emergency provisions for political purposes.
• Erosion of Federalism: Emergency provisions centralize power, undermining the federal structure.

• Impact on Fundamental Rights: Suspension of rights during emergencies can lead to human rights violations.