Aim to safeguard sovereignty, unity, integrity and security

EMERGENCY PROVISIONS
PART XVIII
Article: 352 to 360

3 types

National Emergency State Emergency Financial Emergency

( Article 352 ) ( Article 356 ) ( Article 360 )

due to War, External Aggression or due to failure of Constitutional Machinery Due to financial threat
Armed Rebellion
Known as 'President Rule' 'State Emergency'
Constitution express as 'Proclamation of
'Constitutional Emergency'
Emergency'

President can declare even before constitution does not use word Emergency for this
War, External Aggression or Armed Emergency
Rebellion
 In Minerva Mills Case (1980) Supreme Court held that
42nd CAA,1976 enable Applicable to Entire country or Any part of it
National Emergency can be challenge in Court
‘Any part’

Called ‘Internal Emergency’ When declared on ground of 44th CAA, 1978 deleted this provision
‘Armed Rebellion’

When declare on ground of 38TH CAA, 1975 made declaration of National Emergency Immune
Called ‘External Emergency’ from Judicial Review
War / External Threat

Added by 38th CAA,1975 New can be proclaimed even if there is President can declare only after written recommendation of
already active emergency ‘CABINET’

if threat to security of India or Any part of it 44th CAA, 1978 Substituted ‘Armed Rebellion’ for
president proclaims National Emergency ’Internal Disturbance’
Grounds of Declaration

National Emergency
Parliamentary approval & Duration Revocation of Proclamation
( Article 352 )

Can be revoked by President

( not require parliamentary approval)
Proclamation Must be approved by BOTH houses within 1 Month
(earlier was 2 months but Reduced by 44th CAA, 1978) 44th CAA, 1978 also provided that

If Lok Sabha has been dissolved during proclamation 1 / 10 of total members of Lok Sabha give written notice
then proclamation survives until 30 Days from the 1st to speaker (or president if LS is not in session)
sitting of Lok Sabha after its reconstitution
Special sitting to be held within 14 days for
Emergency continues for 6 Months and can be extended for Disapproving continuation
INFINITE period with approval of Parliament for every 6 Months
(periodical approval added by 44th CAA,1978) Disapproval resolution is different from approving
continuation in 2 ways
Resolution of continuance must be passed in EITHER house 1. Disapproval required to be passed by Lok Sabha only
by SPECIAL majority ( earlier it was simple majority but 44 th while Approval needs to be passed by Both houses
CAA, 1978 changed )
2. Disapproval needs SIMPLE majority while Approval needs
SPECIAL majority
 President can issue ordinance on state
subjects if Parliament is not in session
Such modifications continue till end of
These Laws become inoperative 6 months after financial year in which emergency
Emergency ceased to operate cease to operate

Legislative power of state not suspended, it

State comes under control of Centre become subject to override power of parliament
completely though they are not suspended President can modify distribution
Parliament can make law on any ‘ State List’ of revenue between centre & state

a. Executive b. Legislative c. Financial

Extension not continue beyond 6 months 1. On Centre - State relation

after Emergency cease to operate

2. On Lok Sabha & state Assembly Effects of National Emergency 3. On Fundamental Rights

Life of Lok Sabha & state Assembly may be

extended by Law of Parliament for a 1 year at a National Emergency
time (for Any length of Time )
( Article 352 )

a. Suspension of FRs under Article 19 According to 358 b. Suspension of other FRs According to Article 359

According to Article 358 when National Emergency is proclaimed

Article 359 authorises president to suspend right to move
6 rights under Article 19 AUTOMATICALLY get suspended
court means FRs not suspended just their Enforcement
State can make any Law or take any executive action
abridging or taking away 6 FRs under Article 19 44th CAA, 1978 restricted scope of Article 359 in 2 ways
Such Law or Action can not be challenged in court 1. President cannot suspend right to move court guaranteed
under Article 20 & Article 21. Means they remain enforceable
When Emergency ceases to operate, such Law ceases to
have effect and cannot be challenged in court
2. Only Emergency related Laws are protected from
44th CAA, 1978 restricted scope of Article 358 in 2 ways being challenged not other Laws

1. FRs under Article 19 suspend only on ground of War or 2. Only Laws & executive actions related Emergency
External Aggression not Armed Rebellion are protected from being challenged not other Laws.
1. Article 358 confine to FRs under Article 19 1. Article 359 extends to ALL those which suspended
by President
2. FRs under Article 19 Automatically get
Suspended 2. NOT Automatically get Suspended

3. Operates Only in case of External

Emergency 3. Operates in External & Internal Emergency, Both
cases
Distinction Between Articles 358 & 359
4. Suspends FRs under Article 19 during
entire Emergency 4. Suspends FRs for specific time period

5. Article 358 Extends to Entire Country 5. Article 359 Extends to Entire Country or part of it

6. Article 358 suspends entire Article 19 6. Article 359 not empower to suspend enforcement
Article 20 & 21
EMERGENCY PROVISIONS
PART XVIII
Article: 352 to 360

Declarations of National Emergency Made so far

Proclaimed 3 times
In October 1962, On account of
Chinese Aggression in Arunachal 1962 1975 Proclaimed in June 1975 on ground of Internal
Pradesh Disturbance
1971
44th CAA, 1978 provided safeguards to
stop misuse of Emergency Provisions
Was in force till 1968 In December 1971, In wake
Both Revoked in 1977
of Attack by Pakistan
 Article 355 imposes Duty on Centre to ensure President’s Rule proclaim under Article 356 on 2 grounds
state align with the Provisions of Constitution
1. President proclaim if state not accordance with provisions of
Centre Takes over the Control under Article 356 constitution or on Report of Governor ( Article 356 )
in case of failure of constitutional machinery
2. President proclaim if state fails to comply with
Known as 'President Rule' 'State Emergency' direction from centre ( Article 365 )
'Constitutional Emergency'

Grounds of imposition

State Emergency
Parliamentary approval & Duration Consequences of President’s Rule
( Article 356 )

Proclamation must be approved by BOTH President rule through governor in state

house within 2 months
He declare that power of state legislature
If Lok Sabha has been dissolved during proclamation to be exercised by Parliament
then proclamation survives until 30 Days from the 1 st
sitting of Lok Sabha after its reconstitution He can take all other necessary steps

If approved by both houses, it continues for 6 months. President dismisses state council of
It can be extended for maximum 3 years with ministers headed by Chief Minister
approval after every 6 months
Governor carries Administration on behalf of
Resolution of continuation must be passed in EITHER president with help of chief secretary of state
house by SIMPLE majority or advisors appointed by president

44th CAA, 1978 put restraint to Extend 1. National Emergency should be in President either suspends or dissolves state
President’s Rule beyond 1 year operation in whole India or Any part of it Assembly and parliament passes state legislative
bills & state Budget
2 conditions to be fulfilled
Functions of concerned state High Court
2. Election Commission must certify that
remain same even during President’s Rule
President’s Rule may be revoked Elections of Legislative Assembly of
by President concerned state cannot be held Law made during President’s Rule continue even
after president’s rule & can be repealed or altered
or re-enacted by state legislature
 May be revoked by President any time

Resolution approving proclamation can be passed

by either house of Parliament by SIMPLE majority
When there is a threat to financial stability
1. No maximum period prescribed
This implies 2 things
Article 360 empowers President to Proclaim 2. Repeated parliamentary approval
Financial Emergency is not required
Once approved by both houses, it continues indefinitely
till it is revoked
38th CAA,1975 made declaration of Financial Emergency
final, conclusive & not questionable in any court If Lok Sabha has been dissolved during proclamation
then proclamation survives until 30 Days from the 1 st
sitting of Lok Sabha after its reconstitution
But 44th CAA, 1978 deleted this provision & imply
that it is NOT beyond Judicial Review Must be approved by BOTH houses in 2 months

Grounds of Declaration Parliamentary approval & Duration

Financial Emergency
( Article 360 )

Effect of Financial Emergency Criticism of Financial Emergency

1. Executive authority of centre extends

1. Federal character of Constitution will be
destroyed & Union will become all powerful
2. Direct state through:
a) reduction of salaries & allowances of persons 2. Powers will entirely concentrated in Union
serving state
b) Reserve all money bills or financial bills 3. President will become dictator

3. President may issue direction for 4. Financial Autonomy will be nullified

reduction of salaries & allowances of :
a) Persons serving Union 5. Fundamental Rights will become meaningless
b) Judges of Supreme Court & High & democratic foundations of Constitution will be
Court Destroyed