1. Introduction
Emergency provisions are contained in Part XVIII (Articles 352–360) of the Constitution of India. National Emergency under Article 352 is the most significant emergency provision because it affects the federal structure and Fundamental Rights.
Emergency provisions are borrowed from the Government of India Act, 1935.
During National Emergency, the Centre acquires extraordinary powers to protect India's sovereignty, unity, and integrity.
2. Grounds for Proclamation (Article 352)
A. Constitutional Provision
President can proclaim Emergency if security of India or any part thereof is threatened by war, external aggression, or armed rebellion.
B. Grounds
| Ground | Explanation |
|---|---|
| War | Declared or undeclared war with another country |
| External Aggression | External armed attack on India |
| Armed Rebellion | Internal armed uprising against government |
C. Before and After 44th Amendment
| Aspect | Before 44th Amendment | After 44th Amendment |
|---|---|---|
| Ground | Internal disturbance | Armed rebellion |
| Scope | Wide | Narrow and precise |
| Misuse | High | Reduced |
3. Parliamentary Approval and Duration
A. Procedure
| Step | Requirement |
|---|---|
| Cabinet Approval | Written advice of Union Cabinet required |
| Initial Validity | 1 month |
| Approval | Special majority of Parliament |
| Extension | Every 6 months |
| Revocation | Lok Sabha resolution can revoke |
B. Special Sitting Provision
| Requirement | 1/10th Lok Sabha members can demand special sitting |
| Time Limit | Within 14 days |
4. Effects on Centre-State Relations
A. Executive Effects
| State Executive | Continues but subject to Union direction |
| Union Power | Can give directions on any subject |
B. Legislative Effects
| Parliament Power | Can legislate on State List |
| Duration | Laws valid up to 6 months after Emergency ends |
C. Financial Effects
| Tax distribution | Can be altered |
5. Effects on Fundamental Rights
A. Article 358
| Suspension | Article 19 automatically suspended |
| Applicability | Only during war or external aggression |
B. Article 359
| Provision | President can suspend enforcement of rights |
| Exception | Articles 20 and 21 cannot be suspended |
C. Golden Triangle
| Article | Status |
|---|---|
| Article 14 | Can be suspended |
| Article 19 | Automatically suspended |
| Article 21 | Cannot be suspended |
6. 44th Amendment Safeguards
| Safeguard | Provision |
|---|---|
| Ground narrowed | Armed rebellion |
| Cabinet advice | Written advice required |
| Special majority | Required |
| Protection of Articles 20 & 21 | Cannot be suspended |
| Judicial review | Allowed |
7. Judicial Review – Minerva Mills Case (1980)
| Case | Minerva Mills vs Union of India |
| Holding | Basic structure doctrine reaffirmed |
| Golden Triangle | Articles 14, 19, 21 protected |
Emergency powers are subject to judicial review.
8. Historical Emergencies
| Year | Ground | Prime Minister | President |
|---|---|---|---|
| 1962 | War | Nehru | Radhakrishnan |
| 1971 | External aggression | Indira Gandhi | V.V. Giri |
| 1975 | Internal disturbance | Indira Gandhi | Fakhruddin Ali Ahmed |
1975 Emergency:
- Declared June 25, 1975
- Fundamental Rights suspended
- Press censorship imposed
- Led to 44th Amendment safeguards
9. Summary Table
| Article | 352 |
| Grounds | War, External Aggression, Armed Rebellion |
| Approval | Special majority |
| Duration | 6 months (renewable) |
| FR Impact | Article 19 suspended |
| Articles 20 & 21 | Cannot be suspended |
IMPORTANT EXAM POINTS:
- Article → 352
- Grounds → War, External Aggression, Armed Rebellion
- 44th Amendment → Safeguards added
- Article 19 → Suspended automatically
- Articles 20 & 21 → Cannot be suspended
1. Introduction
President's Rule refers to the imposition of central rule over a state under Article 356 of the Constitution. It allows the Union Government to assume control when constitutional machinery in a state fails.
President's Rule is also known as State Emergency or Constitutional Emergency.
It represents the ultimate constitutional mechanism to ensure governance in accordance with the Constitution.
2. Constitutional Provisions
A. Article 355 – Duty of Union
| Article | Provision |
|---|---|
| Article 355 | Union must protect states against external aggression and internal disturbance and ensure constitutional governance |
B. Article 356 – Failure of Constitutional Machinery
| Clause | Provision |
|---|---|
| Article 356(1) | President may assume functions of State Government |
| 356(1)(a) | Assume executive powers |
| 356(1)(b) | Parliament exercises legislative powers |
| 356(1)(c) | Make incidental provisions |
3. Grounds for Imposition
A. Constitutional Grounds
| Ground | Description |
|---|---|
| Governor's Report | Governor reports constitutional failure |
| Otherwise satisfied | President may act independently |
B. Situations
| Situation | Description |
|---|---|
| Loss of majority | Government loses Assembly majority |
| Coalition collapse | No alternative government possible |
| No-confidence motion | Government refuses to resign |
| Budget failure | Budget not passed |
| Constitutional violation | Government acts against Constitution |
| Law and order breakdown | State fails to maintain order |
| Article 365 violation | Failure to comply with Union directions |
C. Article 365
| Article | Provision |
|---|---|
| Article 365 | Failure to comply with Union directions may lead to President's Rule |
4. Effects of President's Rule
A. Executive Effects
| Aspect | Effect |
|---|---|
| Council of Ministers | Dissolved |
| Governor | Acts for President |
| President | Assumes executive powers |
B. Legislative Effects
| Assembly | Dissolved or suspended |
| Parliament | Makes laws for state |
| President | Promulgates ordinances |
C. Judiciary
| High Court | Continues normally |
| Subordinate Courts | Continue functioning |
D. Financial Effects
| Budget | Passed by Parliament |
| Contingency Fund | President may use |
E. Article 357
| Provision | Description |
|---|---|
| Legislative powers | Parliament may authorize President |
| Delegation | President may delegate power |
5. Approval and Duration
A. Approval
| Approval period | Within 2 months |
| Failure | Proclamation lapses |
B. Duration
| Initial period | 6 months |
| Extension | Every 6 months |
| Maximum | 3 years |
C. Extension Conditions
| National Emergency | Must be in operation |
| Election Commission certificate | Election not possible |
D. Revocation
| Authority | President |
| Parliament approval | Not required |
6. Judicial Review – S.R. Bommai Case (1994)
| Principle | Holding |
|---|---|
| Judicial review | Allowed |
| Floor test | Mandatory |
| Federalism | Basic structure |
| Secularism | Basic structure |
| Restoration | Dismissed government can be restored |
S.R. Bommai v. Union of India (1994) is the landmark judgment limiting misuse of Article 356.
7. Limitations on Power
| Limitation | Provision |
|---|---|
| Parliament approval | Within 2 months |
| Maximum duration | 3 years |
| Judicial review | Allowed |
| Floor test | Required |
8. Misuse Examples
| Year | State | Reason |
|---|---|---|
| 1959 | Kerala | Political dismissal |
| 1977 | 9 states | Political change |
| 1980 | 9 states | Political dismissal |
| 1992 | 3 states | Babri Masjid incident |
9. Summary Table
| Article | 356 |
| Duty | Article 355 |
| Ground | Failure of constitutional machinery |
| Approval | Within 2 months |
| Duration | Max 3 years |
| Judicial review | Allowed |
IMPORTANT EXAM POINTS:
- Article → 356
- Known as → State Emergency
- Duration → Max 3 years
- Judicial review → S.R. Bommai case
- Parliament legislates for state
1. Introduction
Article 360 of the Indian Constitution empowers the President to proclaim a Financial Emergency when the financial stability or credit of India or any part of its territory is threatened.
It is the third type of emergency under Part XVIII of the Constitution, the other two being National Emergency (Article 352) and President's Rule (Article 356).
Key Point: Financial Emergency has never been imposed in India since 1950.
2. Constitutional Provision (Article 360)
A. Key Features
| Feature | Description |
|---|---|
| Nature of satisfaction | President's subjective satisfaction |
| Territorial scope | Whole of India or any part |
| Ground | Threat to financial stability or credit |
| Revocation | President may revoke anytime |
B. Comparison with Other Emergencies
| Aspect | National Emergency (Art.352) | President's Rule (Art.356) | Financial Emergency (Art.360) |
|---|---|---|---|
| Ground | War, aggression, rebellion | Failure of state machinery | Financial instability |
| Territorial scope | Whole or part | Specific state | Whole or part |
| Approval | Special majority | Simple majority | Simple majority |
| Invoked? | Yes | Yes | Never |
3. Grounds for Proclamation
| Ground | Explanation |
|---|---|
| Threat to financial stability | Economic crisis, inflation, banking collapse |
| Threat to credit | Loss of international creditworthiness |
Possible Situations
| Balance of payments crisis | Low foreign exchange reserves |
| Hyperinflation | Extreme inflation |
| Bank collapse | Financial system failure |
| Sovereign default | Debt default |
| War crisis | Economic collapse due to war |
| Global depression | Severe global crisis |
1991 Economic Crisis:
• Forex reserves fell drastically• IMF assistance taken
• Economic reforms introduced
• Article 360 was NOT invoked
4. Parliamentary Approval and Duration
A. Approval
| Approval required | Within 2 months |
| Majority | Simple majority |
| Non-approval | Emergency ceases |
B. Duration
| Maximum duration | No limit |
| Continuation | Until revoked |
C. Revocation
| Authority | President |
| Parliament approval | Not required |
5. Effects of Financial Emergency
A. Effects on Financial Relations
| Effect | Description |
|---|---|
| Salary reduction | Union and state employees salaries reduced |
| Judges salaries | SC and HC judges salaries reduced |
| State Money Bills | Reserved for President |
| Union directions | States must follow financial directions |
| Tax distribution | May be suspended |
B. Effects on Executive and Judiciary
| Union executive | Controls financial policy |
| State executive | Must comply with Union |
| Judiciary | Salaries can be reduced |
C. Legislative Effects
| State Legislature | Money bills require President approval |
| Parliament | Financial powers unaffected |
6. Why Never Invoked
| Reason | Explanation |
|---|---|
| Economic reforms | Policy solutions preferred |
| Political sensitivity | Negative political consequences |
| Institutional mechanisms | RBI, Finance Commission, IMF support |
7. Safeguards
| Parliament approval | Required within 2 months |
| Revocation | President may revoke |
| Fundamental Rights | Not suspended |
| Judicial review | Available |
8. Judicial Review
| Scope | Limited judicial review possible |
| Grounds | Mala fide, irrelevant considerations |
9. Summary Table
| Article | 360 |
| Ground | Financial instability |
| Approval | Within 2 months |
| Duration | No limit |
| Fundamental Rights | Not suspended |
| Invoked? | Never |
IMPORTANT EXAM POINTS:
- Article → 360
- Ground → Financial instability
- Approval → Within 2 months
- Duration → No maximum limit
- Fundamental Rights → Not suspended
- Invoked → Never