Chapter Info (Click Here)
Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. Emergency Provisions in the Indian Constitution
2. Types of Emergencies
3. Proclamation of Emergency (Article 352)
4. Effects of Proclamation of Emergency
5. Uses of Emergency Powers
6. Proclamations of Emergency under Article 352
7. Emergency Due to Failure of Constitutional Machinery (Article 356)
8. Differences Between Proclamation of Emergency and President’s Rule
9. Power under Article 356: Proclamation of Failure of Constitutional Machinery in States
10. Case Study: Bihar, 2005
11. Exceptional Nature and Judicial Review
12. Situations Not Constituting Failure of Constitutional Machinery
13. Limitations Introduced by the 44th Amendment, 1978
14. Provisions under Article 360: Financial Emergency
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Emergency Provisions in Indian Constitution
Chapter – 28
Emergency Provisions in the Indian Constitution
According to Bryce, a federal government is inherently weak because it involves a division of powers. Modern federations, however, seek to strengthen federal authority by allowing the assumption of larger powers in times of emergent circumstances, whether internal or external.
In countries like the United States, this expansion occurs through judicial interpretation.
In India, the Constitution itself provides for conferring extraordinary powers upon the Union during various types of emergencies.
The Emergency provisions enable the federal government to acquire the strength of a unitary system whenever the exigencies of the situation demand.
Types of Emergencies
The Constitution recognizes three kinds of abnormal situations requiring departure from the normal governmental framework:
National Emergency: Due to war, external aggression, or armed rebellion (Article 352).
State Emergency (President’s Rule): Due to failure of constitutional machinery in a State (Article 356).
Financial Emergency: Related to threats to financial stability (Article 360).
Note: An armed rebellion under Article 352 poses a threat to the security of the state, distinguished from an internal disturbance under Article 355.
A Proclamation of Emergency, unless otherwise specified, refers to Article 352 (Article 366(18)).
Part XVIII (Articles 352–360) was amended by the 42nd (1976) and 44th (1978) Amendments, clarifying the operation of emergency powers.
Proclamation of Emergency (Article 352)
The President may issue a Proclamation of Emergency if satisfied that India or any part thereof is threatened by war, external aggression, or armed rebellion.
It can be issued before the actual occurrence of war or rebellion if such threats are imminent.
Recommendation of Union Ministers of Cabinet rank, headed by the Prime Minister, is mandatory (Article 352(3)).
Judicial Review:
The 42nd Amendment made the proclamation immune from judicial review.
The 44th Amendment restored judicial review, allowing courts to examine the constitutionality of the proclamation on the grounds of mala fides.
Parliamentary Approval:
Every proclamation must be laid before both Houses of Parliament.
It ceases to operate unless approved within one month.
If the Lok Sabha is dissolved, approval may survive 30 days from its first sitting after reconstitution.
Duration and Renewal:
Upon approval, the proclamation has a six-month validity, renewable by subsequent resolutions.
Resolution Requirements:
Majority of total membership
At least two-thirds of members present and voting
Revocation: The President must revoke if the Lok Sabha passes a disapproval resolution.
Special sittings can be convened if one-tenth of members request it.
Partial Emergency:
May be declared for the whole of India or only a part (44th Amendment).