Emergency Provisions Indian Polity – By SENRiG

Emergency Provisions Indian Polity – Emergency provisions in the Indian polity refer to the extraordinary powers granted to the central government to deal with exceptional situations that threaten the security, integrity, or stability of the nation. These provisions are outlined in Part XVIII (Articles 352-360) of the Indian Constitution and are meant to be invoked sparingly and as a last resor

Revolutionaries in the Indian Freedom Movement-

National Emergency (Article 352)

Emergency Provisions Indian Polity – This provision allows the President to declare a state of emergency if he/she is satisfied that the security of India or any part thereof is threatened by war, external aggression, or armed rebellion. The proclamation of emergency must be approved by the Union Cabinet and is subject to parliamentary approval within one month. 

• The federal structure shifts to a unitary one, with the central government assuming more power.
• Fundamental Rights, except those under Articles 20 and 21, are suspended.
• The executive authority of the Union extends to giving directions to any state on various matters.
• The Parliament can legislate on matters in the State List.
• The President can modify the distribution of revenues between the Union and the states.
• The term of the Lok Sabha can be extended for one year at a time, indefinitely.

State Emergency (Article 356)

Commonly known as President’s Rule, this provision allows the President to assume control over the administration of a state if the state government fails to abide by the Constitution or if there’s a breakdown of constitutional machinery within the state. The President can act based on the report of the Governor of the state or otherwise. However, this should be approved by both Houses of Parliament within a specified period.

• Once President’s Rule is imposed, the state legislature is either suspended or dissolved, and the Governor exercises powers on behalf of the President.
• The Parliament can legislate on matters in the State List.
• If the situation doesn’t improve, President’s Rule can be extended up to three years in phases, with parliamentary approval every six months.
• If the Election Commission certifies that elections cannot be conducted in the state due to difficulties, President’s Rule can be extended for up to one year.

Financial Emergency (Article 360)

This provision empowers the President to declare a financial emergency if he/she is satisfied that the financial stability or credit of India or any part thereof is threatened. However, this provision has never been invoked since the inception of the Constitution. During a financial emergency:

• The President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts.
• The Union executive can give directions to any state to observe such canons of financial propriety as may be specified by the President.

Types of Emergencies

• National Emergency (Article 352): This is proclaimed when the security of India or any part of it is threatened by war, external aggression, or armed rebellion. This is the most potent form of emergency, granting the central government significant control over states.

• State Emergency (Article 356): This is declared if a state machinery fails to function constitutionally, threatening the state’s administration or the financial stability of the Union. In such scenarios, the central government can assume control of the state’s administration, imposing President’s Rule.

• Financial Emergency (Article 360): This is declared if the President is satisfied that a situation has arisen that threatens the financial stability or credit of India. This empowers the central government to take steps to control public expenditure or ensure the availability of essential financial resources. Emergency Provisions Indian Polity