Part XVIII | Emergency Provisions In India - NCERT Notes

EMERGENCY PROVISIONS

NCERT notes ( Study Material ) on important topics for the UPSC civil services exam. These notes will also be useful for other competitive exams like, UPSC Civil Services, State Civil Services exams, Bank PO, SSC and so on. ( Check Other NCERT Notes Here )

The President is empowered to promulgate there kinds of emergencies :

1. “National Emergency” also known as “Proclamation of Emergency”, on the grounds of threat to the security of India by a War or an External aggression or an Armed rebellion ( Article 352 ),
2. “State Emergency” also known as “President's Rule”, on the ground of the failure of the Constitutional machinery in a State ( ARTICLE 356 ), and
3. “Financial Emergency” ( Article 360 ).

NATIONAL EMERGENCY ( ARTICLE 352 )

• President can issue a proclamation of emergency only when decision of cabinet is conveyed to him in writing.
• Proclamation is subjected to judicial review & its constitutionality can be questioned in court of law on grounds of malafide.
• A Proclamation of Emergency can be made by the President even before the actual occurrence of war or aggression, if he is satisfied that there is an imminent danger.
• Every proclamation made under article 352 ( except a proclamation revoking the previous proclamation ) should be laid before both the houses of the parliament & must be approved by them within one month after proclamation is made, by majority of total membership of that house & by a majority of not less than 2/3rd of members of that house present & voting.
• If parliament approves such proclamation, then it will be in force, unless revoke earlier, for 6 months from the date on which it was approved by parliament.
• It can be approved by the Parliament any number of times, but not beyond 6 months at a time.
• If Lok Sabha disapproves a Proclamation of Emergency or its continuance, the President shall revoke the Proclamation of Emergency.
• If not less than 1/10th of the members of Lok Sabha issue a notice with intention of disapproving a Proclamation of Emergency to the President, when the Lok Sabha is not in session or to the Speaker, if the Lok Sabha is in session, then a special sitting of Lok Sabha shall be held within 14 days for the purpose of considering such a resolution.
• Fundamental Rights under Article 19 will be suspended in case of emergency issued on grounds of War or External Aggression ( but not in case of emergency issued on grounds of Armed Rebellion ).
• Parliament is empowered to extend by law, life of Lok Sabha beyond 5 years for a period of not extending 1 year at a time, but in any case not exceeding 6 months after the proclamation of emergency has ceased to be in operation.

National emergency was declared in India in 1962 (China war), 1971 (Pakistan war), and 1975 (declared by Indira Gandhi).

STATE EMERGENCY ( ARTICLE 356 )

• If the President is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President can impose President Rule under Article 356.
• The Parliament can confer on the President, the power to make laws for the State.
• A proclamation issues under Article 356 must be approved by both the houses of the parliament or it will cease to operate at the expiry of 2 months.
• President's Rule can be in force for a maximum period of 1 year, however, it can be extended beyond 1 year period ( but in any case not beyond 3 years from the date of issue of proclamation ) if :

A proclamation of national emergency is in operation in that state or in whole India

EC certifies that it is necessary on account of difficulties to hold general elections to state legislature

FINANCIAL EMERGENCY ( ARTICLE 360 )

• 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.
• A proclamation of financial emergency will remain in force for 2 months, unless before expiry of that period, it is approved by both the houses of parliament by simple majority.
• Once approved it remains in force till revoked by the President. ( No emergency under Article 360 has been issued so far )