Emergency Provisions

Introduction

Emergency Provisions in the Indian Constitution are special powers granted to the Union government to tackle extraordinary situations threatening the security, stability, or governance of the country or its states.

Types of Emergencies

• 1. National Emergency (Article 352): Declared on grounds of war, external aggression, or armed rebellion. It empowers the central government to assume greater control over states and restrict fundamental rights except Article 20 and 21.
• 2. State Emergency (President's Rule) (Article 356): Imposed when a state government fails to function according to constitutional provisions. The President can suspend state legislature and take direct control of the state.
• 3. Financial Emergency (Article 360): Declared if the financial stability or credit of India or any part thereof is threatened. It allows the Union government to direct states regarding financial matters.

Provisions & Effects

• During a National Emergency, fundamental rights under Article 19 can be suspended.
• The Parliament gains the power to legislate on state subjects during a National Emergency.
• During President’s Rule, the Governor administers the state on behalf of the President.
• Financial Emergency can reduce salaries of government employees and demand financial control by the Centre.
• An emergency can be proclaimed only after obtaining a written recommendation from the Cabinet.

Historical Usage

• National Emergency: Declared during the Indo-China war in 1962, Indo-Pak wars in 1965 and 1971, and controversially during the Emergency period from 1975 to 1977.
• State Emergency: Frequently used to dismiss state governments when they were considered incapable or opposed to the central government.
• Financial Emergency: Never been declared so far in India.

Safeguards & Limitations

• National Emergency must be approved by both Houses of Parliament within one month.
• President's Rule is subject to parliamentary approval every six months and can last a maximum of three years with extensions.
• Fundamental Rights suspension does not include Articles 20 (protection in respect of conviction for offenses) and 21 (protection of life and personal liberty).
• Judiciary can review and strike down unconstitutional proclamations.

Previous Year Questions

• SSC CGL 2017: Under which article can the President proclaim a National Emergency?
• Article 352
• RRB JE 2018: What is the maximum duration for which President’s Rule can be extended?
• Three years (with parliamentary approval)
• HSSC 2019: Which fundamental rights are suspended during a National Emergency?
• Rights under Article 19

Conclusion

Emergency provisions provide the Indian government with essential powers to handle critical situations but come with constitutional checks to prevent misuse, ensuring the balance between authority and democratic rights.