Emergency Provisions

There are three kinds of emergency provisions:

 

  • Article 352 – National Emergency arising out of war external aggression or armed rebellion within the country.

 

  • Article 356 – Constitutional Emergency, President’s Rule arising out of the failure of Constitution Machinery in the States.

 

  • Article 360 – Financial Emergency arising out of threat of financial ability or credit of India.

 

 

  • Proclamation of Emergency has be approved by both the Houses of Parliament separately, within one month by the total membership of the House and not less than 2/3rds of the members present and voting.

 

  • For further continuation, similar resolution will be required every 6 months. Not less than 11/10 of the members in Lok Sabha may requisition a meeting on this matter.
  • To discontinue the proclamation a resolution by Lok Sabha (simple majority) is required.

 

Effects of National Emergency

 

Executive

 

  • Executive power of Union shall extend to the giving of directions to any states as to the manner in which their executive power is to be exercised.

 

  • State Government though not suspended, will be under the complete control of the Union Executive.

 

 

Legislative

 

  • Parliament has the right to extend the normal life of Lok Sabha, for a period not exceeding 1 year at a time and not exceeding beyond a period of 6 months after the proclamation has ceasedto operate.

 

  • Division of powers into various lists as given in the Constitution cases to operate, Union Parliament can make laws regarding any subject which it thinks necessary.

 

Financial

 

 President can modify the various constitutional provisions relating to financial allocation between Centre and States. But order will not effect the financial year in which proclamation itself ceases to operate.

 

 

Fundamental Rights

 

  • Article 358 suspending Article 10 came into operation automatically as soon as proclamation of Emergency on the ground of war  external aggression  is issued.

 

  • Article 359 suspending of enforcement of Fundamental Rights shall relate only those Fundamental Rights which are specified in the President’s order.

 

This can be done any grounds under Article 352 war, external aggression or armed rebellion. Article 20 and 21 are exceptions which cannot be suspended.

 

Use of Article 352

 

  • First time in October 26, 1962

 

  • Second time in December 1971

 

2nd was in operation when the 3rd proclamation of June 25, 1975 was made on internal disturbances. 2nd and 3rd were revoked in March 1977.

      

 

Effects of President’s Rule

 

 Union government assumes control over all functions in the State administration except judical.

 

Duration

 

  1. Ordinarily for a period of 2 months. The 2 month period can be extended by a resolution of both houses to 6 months at a time to a maximum duration of 3 years.

 

  1. But if the duration is to be extended beyond one year two other conditions have to be satisfied (44 Amendment):

 

  • A proclamation of Emergency is in operation in the whole of India or any part of the State.

 

  • Election Commission certifies difficulties in holding general elections to the Legislative Assembly of the State concerned.

 

 

It has been strongly urged that the power under Article 356 cannot be used to dismiss a Government so long as it commands the confidence of the legislature. Constitution Emergency is proclaimed by President either on a report of the Governor or even without i. Only subjective view of the President is required. The President is not bound to disclose the reasons. Thus its propriety cannot be questioned by the courts.

 

 Effects of Financial Emergency 

 

  • Executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the direction.

 

  • Reduction of Salaries and allowances of all or any classes of persons serving in connection with the affairs of the state.

 

  • Requires Money Bills or other financial bills to be reserved for the consideration of the President after they are passed by the State legislature.

 

  • Reduction of salaries of any class of persons serving in connection with affairs of the Union including the judges of High Court and Supreme Court.

 

Duration

 

Ordinarily for a period of 2 months unless before the expiry of that, it is approved by resolutions of both Houses of Parliament. Till now Financial Emergency has not been declared.