Emergency Provisions In India UPSC
The Indian Constitution includes emergency provisions that empower the President of India with specific powers to address exceptional circumstances that could pose a threat to the country’s security, stability, or economic welfare. These provisions are outlined in Part XVIII of the Constitution, spanning from Articles 352 to 360.
Types of Emergencies
- Article 352 – National Emergency:
Requirements for Declaration: A declaration can be made if India or any part of it faces a danger to its security due to war, external aggression, or armed rebellion.
Impact on Federal Structure: The central government obtains more authority over state operations, and Parliament gains the power to make laws on state matters.
Duration: Initially announced for six months, the emergency can be prolonged indefinitely with the approval of Parliament every six months.
2.Article 356: President’s Rule (State Emergency)
Requirements for Declaration: The President can declare a State Emergency if they believe that the state’s governance cannot adhere to the Constitution’s provisions.
Impact on State Government: The state government is removed, and the central government assumes direct authority over the state’s administration.
Duration: The State Emergency can endure for up to six months and may be prolonged with Parliamentary consent, but not exceeding three years unless specific circumstances arise.
3.Financial Emergency (Article 360):
Declaration Conditions: The President can declare a financial emergency if they believe that the stability or credit of India or any part of it is at risk.
Impact on Financial Matters: The central government has the authority to instruct the reduction of salaries and allowances for individuals serving in the state and central governments, including judges of the Supreme Court and High Courts.
Duration: The financial emergency remains in effect until the President revokes it.
Impacts and Implications
Limitation of Fundamental Rights:
In times of National Emergency, specific fundamental rights outlined in Article 19 may be suspended. The right to seek legal recourse for the protection of rights granted by Part III of the Constitution can also be restricted, with the exception of Articles 20 and 21 (right to life and personal liberty).
Enhanced Role of Parliament:
During emergencies, Parliament plays a more significant role. For example, in a National Emergency, it has the authority to pass laws on matters within the State List.
Judicial Oversight:
The declaration and continuation of an emergency are subject to judicial review.
Historical Examples
National Emergency:
From 1962 to 1968, a national emergency was declared during the Sino-Indian War.
During the Indo-Pakistani War, a national emergency was declared from 1971 to 1977, and it was later extended due to internal disturbances.
Prime Minister Indira Gandhi declared a national emergency from 1975 to 1977, citing internal disturbances. This decision faced widespread criticism and led to the eventual implementation of the 44th Amendment Act to prevent misuse.
President’s Rule:
President’s Rule has been frequently imposed in various states for political and administrative reasons. Notable examples include its implementation in states like Punjab, Jammu and Kashmir, and Bihar at different times.
Financial Emergency:
India has never encountered a financial emergency.