Emergency Provisions as a Salient Feature
Indian Polity › Salient Features of the Constitution · Topic 3.14
Part XVIII (Articles 352 to 360) provides three emergencies: National (Article 352), State or President's Rule (Article 356) and Financial (Article 360). During an emergency the federal structure turns unitary without a formal amendment.
8 min read · UPSC Prelims · Polity · Salient Features
At a Glance
- What it is Elaborate provisions in Part XVIII (Articles 352 to 360) that enable the President to meet any extraordinary situation
- Three types National Emergency (Article 352), State Emergency or President’s Rule (Article 356) and Financial Emergency (Article 360)
- Effect on federalism The Centre becomes all-powerful and the federal structure turns unitary without a formal amendment
- Purpose To safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution
- Exam link UPSC Prelims, Polity: Salient Features
Where Does It Fit?
Earlier topics showed that the emergency provisions are among the unitary features of the federal Constitution. This topic presents them as a salient feature, and summarises the three types of emergency. The detailed study of each belongs to the category on emergency provisions.
Why Does the Constitution Have Emergency Provisions?
The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. They enable the Central government to meet any abnormal situation effectively. The rationale is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
During an Emergency, the Central government becomes all-powerful and the states go into the total control of the Centre. This converts the federal structure into a unitary one without a formal amendment of the Constitution. This transformation of the political system from federal in normal times to unitary during an Emergency is a unique feature of the Indian Constitution.
Dr. B.R. Ambedkar said in the Constituent Assembly that all federal systems, including the American, are placed in a tight mould of federalism and can never be unitary, while the Constitution of India can be both unitary and federal according to the requirements of time and circumstances: in normal times it is framed to work as a federal system, but in times of Emergency it is designed to work as though it were a unitary system.
What Are the Three Types of Emergency?
| National Emergency | President’s Rule | Financial Emergency | |
|---|---|---|---|
| Article | 352 | 356 (and 365) | 360 |
| Ground | War, external aggression or armed rebellion | Failure of the constitutional machinery in a state, or failure to comply with the Centre’s directions | Threat to the financial stability or credit of India |
| Parliamentary approval within | One month | Two months | Two months |
| Majority needed | Special majority | Simple majority | Simple majority |
| Duration | Six months at a time; can continue indefinitely with approval every six months | Six months at a time; maximum of three years | Indefinite once approved; no repeated approval |
What Is a National Emergency?
Under Article 352, the President can declare a National Emergency when the security of India or a part of it is threatened by war, external aggression or armed rebellion. The President can do so even before the actual occurrence of such an event, if satisfied that there is an imminent danger. An emergency on the ground of war or external aggression is an External Emergency, and one on the ground of armed rebellion is an Internal Emergency. The 42nd Amendment of 1976 enabled the President to limit the operation of the Emergency to a specified part of India.
The 44th Amendment Act of 1978 introduced several safeguards. It substituted “armed rebellion” for “internal disturbance”, reduced the time for parliamentary approval from two months to one month, introduced periodical parliamentary approval every six months, required a special majority, and required the President to receive a written recommendation from the cabinet. It also provided that the President must revoke the proclamation if the Lok Sabha passes a resolution disapproving its continuation.
The effects of a National Emergency fall under three heads.
- Centre-state relations: The Centre can give executive directions to a state on any matter; Parliament can make laws on State List subjects; and the President can modify the distribution of revenues between the Centre and the states. The state governments and legislatures are not suspended.
- Life of the Lok Sabha and the assemblies: Parliament may extend the term of the Lok Sabha, and of a state legislative assembly, by one year at a time, but not beyond six months after the Emergency ceases to operate.
- Fundamental Rights: Under Article 358 the six freedoms of Article 19 are automatically suspended, but only when the Emergency is declared on the ground of war or external aggression. Under Article 359 the President can suspend the right to move the courts for the enforcement of specified Fundamental Rights, but not Articles 20 and 21.
What Is President’s Rule?
Article 355 imposes a duty on the Centre to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the Constitution. In the performance of this duty, the Centre takes over the government of a state under Article 356, if the President is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the Constitution. Article 365 adds that a state’s failure to comply with the Centre’s directions is also a ground. It is popularly called President’s Rule, State Emergency or Constitutional Emergency.
When President’s Rule is imposed, the President dismisses the council of ministers, takes up the functions of the state government, and declares that the powers of the state legislature are to be exercised by Parliament. The Governor carries on the administration on behalf of the President. The President cannot assume the powers of the state high court. President’s Rule has no effect on the Fundamental Rights. Beyond one year, it can be extended only if a National Emergency is in operation and the Election Commission certifies that assembly elections cannot be held.
In the Bommai case (1994) the Supreme Court held that the proclamation under Article 356 is subject to judicial review and that the power is an exceptional power to be used only occasionally.
What Is a Financial Emergency?
Article 360 empowers the President to proclaim a Financial Emergency if satisfied that the financial stability or credit of India or any part of its territory is threatened. During it, the Centre can give directions to a state to observe the canons of financial propriety, and such directions may include reduction of salaries and allowances and reservation of money bills for the President’s consideration. The President may also direct the reduction of salaries and allowances of persons serving the Union, including the judges of the Supreme Court and the high courts.
Why Is This Topic Important?
- Direct Prelims material: The Articles, the grounds, the periods and the 44th Amendment safeguards can be asked directly.
- The federal-unitary link: It is the strongest example of how the federal structure turns unitary.
What Came Next?
The next and last topic of this category describes the three-tier government created by the 73rd and 74th Amendments.
Key People and Terms
- Part XVIII Articles 352 to 360
- External and Internal Emergency National Emergency on the ground of war or external aggression, and of armed rebellion
- Article 358 and Article 359 Effect of a National Emergency on Fundamental Rights
- President’s Rule Article 356; State Emergency
- 44th Amendment Act, 1978 Introduced major safeguards on a National Emergency
Exam Corner
Points to Remember
- Part XVIII, Articles 352 to 360: National (352), State (356), Financial (360).
- National Emergency approval: one month, special majority; President’s Rule and Financial Emergency: two months, simple majority.
- President’s Rule: maximum three years. National and Financial Emergency: no maximum.
- Grounds of National Emergency: war, external aggression, armed rebellion; “internal disturbance” was removed in 1978.
- Articles 20 and 21 cannot be suspended in an emergency.
- Article 19 is suspended automatically only for war or external aggression.
Do Not Confuse With
- Article 358 and Article 359: The first suspends Article 19 automatically; the second lets the President suspend the right to move court for other rights.
- National Emergency and President’s Rule: In a National Emergency the state government keeps functioning; in President’s Rule it is dismissed.
- Resolution of approval and resolution of disapproval: The first is passed by both Houses by special majority; the second by the Lok Sabha alone by simple majority.
Memory Hook
352 national, 356 state, 360 financial: federal in normal times, unitary in emergency.
Mains Angle
Questions ask about the effect of emergency on federalism and the safeguards against misuse. Use these points to add depth.
- Federal to unitary: The Centre becomes all-powerful without a formal amendment, which Ambedkar described as a feature of a Constitution that is both unitary and federal as circumstances require.
- Safeguards after 1978: Armed rebellion in place of internal disturbance, Cabinet recommendation, special majority, periodic approval, a Lok Sabha disapproval resolution.
- Fundamental Rights: Articles 20 and 21 remain protected.
- Judicial check: Bommai (1994) made Article 356 proclamations subject to judicial review.
A Question You May Face
An original practice question, not a past paper question.
“In times of emergency the Indian Constitution works as a unitary system.” Explain with the safeguards against misuse.
How to Answer
- Introduction: Part XVIII and Ambedkar’s remark on the Constitution being both unitary and federal.
- Types and effects: three types, with the effect of a National Emergency on Centre-state relations, Lok Sabha life and Fundamental Rights.
- Safeguards: 44th Amendment, judicial review, Bommai, limits on duration.
- Conclusion: The provisions serve the security and unity of the country but need careful use.
GS Relevance
Frequently Asked Questions
What are the three types of emergency in the Constitution?
The Constitution provides for a National Emergency under Article 352 on grounds of war, external aggression or armed rebellion; a State Emergency or President's Rule under Article 356 on failure of constitutional machinery in a state; and a Financial Emergency under Article 360.
Which Articles deal with the emergency provisions?
The emergency provisions are in Part XVIII of the Constitution, from Articles 352 to 360. They enable the Central government to meet any abnormal situation and to safeguard the sovereignty, unity, integrity and security of the country and the Constitution.
Why is the Constitution called federal in normal times and unitary in emergency?
During an Emergency the Central government becomes all-powerful and the states go under its total control, converting the federal structure into a unitary one without a formal amendment. Ambedkar said the Constitution is designed to work as a federal system in normal times and as a unitary system in emergency.
What did the 44th Amendment change about National Emergency?
It replaced internal disturbance with armed rebellion as a ground, reduced the time for parliamentary approval to one month, required a special majority and approval every six months, required a written recommendation from the cabinet, and allowed the Lok Sabha to force revocation.
Which Fundamental Rights cannot be suspended in an emergency?
The rights guaranteed by Articles 20 and 21 cannot be suspended during a National Emergency. The six freedoms of Article 19 are automatically suspended only when the Emergency is declared on the ground of war or external aggression, and not on the ground of armed rebellion.
How long can President's Rule continue?
President's Rule must be approved by both Houses within two months and continues for six months, extendable every six months up to a maximum of three years. Beyond one year, a National Emergency must be in operation and the Election Commission must certify that elections cannot be held.
What is a Financial Emergency?
A Financial Emergency under Article 360 can be proclaimed if the financial stability or credit of India or any part of it is threatened. It needs approval within two months by simple majority, continues indefinitely until revoked, and lets the Centre give financial directions to states.
What did the Bommai case say about Article 356?
In the Bommai case of 1994 the Supreme Court held that a presidential proclamation under Article 356 is subject to judicial review, that the power is exceptional and should be used only occasionally, and that a state assembly should be dissolved only after Parliament approves the proclamation.
PYQ Practice — Statement Analysis
1 A National Emergency can be declared on the ground of internal disturbance.
The 44th Amendment (1978) replaced internal disturbance with armed rebellion.
2 A resolution approving a National Emergency must be passed by a special majority in each House of Parliament.
Approval must come within one month. The special majority requirement was introduced by the 44th Amendment.
3 The Fundamental Rights under Articles 20 and 21 can be suspended during a National Emergency.
The right to move the court for these rights cannot be suspended.
4 President's Rule can continue for a maximum of three years.
It is extended every six months with parliamentary approval.
5 A Financial Emergency continues for a maximum of one year.
Once approved, a Financial Emergency continues indefinitely until revoked; no maximum period is prescribed.
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