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emergency

Part XVIII | Article 352 to Article 360.

[[Article 352]] : National Emergency

[[Article 356]] : President’s Rule - State Emergency/ Constitutional Emergency

[[Article 360]]: Financial Emergency

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.

Constitution stipulates 3 types of emergencies:

  • National Emergency
  • State Emergency
  • Financial Emergency

National Emergency

  • An emergency due to war, external aggression or armed rebellion
  • First emergency was declared in 1962 due to Chinese aggression
  • Second emergency was declared in 1971 due to Indo - Pakistan war
  • Third emergency was declared in 1975, on the grounds of Internal disturbance

Declaration

  • President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

  • When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.

  • it is declared on the ground of armed rebellion’, it is known as ‘Internal Emergency.’

  • The 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance.’

  • The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet by [[44th Amendment]] Act of 1978.

Parliamentary Approval and Duration:

  • Approved by the both the Houses of Parliament within one month from the date of its issue.
  • Originally, it was two months, but was reduced by the 44th Amendment Act of 1978.
  • The emergency continues for six months, with an approval of the Parliament for every six months, added by 44th Amendment Act of 1978.
  • Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, introduced by the 44th Amendment Act of 1978

Revocation of Proclamation:

  • A Proclamation of emergency may be revoked by the president at any time by a subsequent proclamation.
  • Such a proclamation does not require the parliamentary approval.
  • Further, the President must revoke a proclamation if the [[Lok Sabha]] passes a resolution disapproving its continuation, this safeguard was introduced by the 44th Amendment Act of 1978

Effects of National Emergence:

Effects on the Centre-State Relations

Executive

  • The Centre becomes entitled to give executive directions to a state on ‘any’ matter.
  • Thus the state governments are brought under the complete control of the Centre, though they are not suspended.

Legislative

  • The normal distribution of the legislative powers between the Centre and state is suspended, though the state Legislatures are not suspended.

Financial

  • The president can either reduce or cancel the transfer of finances from Centre to the states.

Effect on the life of the Lok Sabha and State assembly

  • The life of the Lok Sabha may be extended beyond its normal term (Five years) by a law of parliament for one year at time.
  • This extension cannot continue beyond a period of six months after the emergency has ceased to operate.

Effect on the Fundamental Rights

  • [[Article 358]] – Suspension of the Fundamental Rights guaranteed by [[Article 19]].
  • The 6 fundamental rights under article 19 are automatically suspended.
  • No separate order for their suspension is required.
  • When the national emergency ceases to operate, it automatically came into force.
  • [[Article 359]] - Suspension of the other Fundamental Rights guaranteed except Article 20 and 21
  • Under this fundamental rights as such are not suspended, but only their enforcement.
  • The suspension of enforcement relates to only those specified in the Presidential order.
  • Declarations made so far
  • This type of emergency has been proclaimed three times so far-in 1962, 1971, 1975

PRESIDENT RULE:

Grounds of imposition

The President rule can be proclaimed under Article 356 on two grounds

  • [[Article 365]] empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
  • Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre

Parliamentary approval and duration:

  • Approved by the both the Houses of Parliament within two months from the date of its issue.
  • If approved by both the houses of parliament, the President’s rule continues for six months.
  • It can be extended for a maximum period of three years with the approval of the parliament, every six months.
  • Every resolution approving the proclamation of President’s rule or its continuation can be passed by either house of parliament only by simple majority.

Consequences of President’s Rule:

  • When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.
  • The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
  • 356 is popularly known as the imposition of ‘president’s rule’ in a state
  • Further, the President either suspends or dissolves the state legislative assembly.

Scope of Judicial Review:

  • The [[38th Amendment]] Act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which could not be challenged in any court on any ground.
  • But, this provision was subsequently deleted by the [[44th Amendment]] Act of 1978 implying that the satisfaction of the President is not beyond judicial review.

Financial Emergency:

Grounds of Declaration:

  • Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

Parliamentary Approval Duration:

  • Financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
  • Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.

This implies two things.

  • there is no maximum period prescribed for its operation;
  • repeated parliamentary approval is not required for its continuation

A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority.