Introduction
Emergency provisions are a critical part of the Indian Constitution, empowering the Central Government to respond to extraordinary situations in which the normal functioning of the government may be impaired. These provisions are outlined in Part XVIII (Articles 352 to 360) of the Constitution and allow the Union Government to take over the legislative and executive powers of states during crises.
Emergency provisions are essential to maintaining the sovereignty, unity, and integrity of India, but they also pose a threat to democracy if misused. UPSC aspirants must understand the types of emergencies, their implications, and the checks and balances that safeguard the Constitution.
Types of Emergencies
There are three types of emergencies under the Indian Constitution:
- National Emergency (Article 352)
- State Emergency (Article 356), also known as President’s Rule
- Financial Emergency (Article 360)
1. National Emergency (Article 352)
A National Emergency can be declared when there is a threat to the security of India or any part of its territory. The grounds for declaring a National Emergency are:
- War: When India is engaged in a war with another country.
- External Aggression: If there is an armed attack or imminent threat from a foreign nation.
- Armed Rebellion: Formerly called “internal disturbance,” this was changed to “armed rebellion” after the 44th Amendment (1978) to prevent misuse.
Procedure for Declaration
- The President can declare a National Emergency on the written recommendation of the Cabinet.
- The proclamation must be approved by both houses of Parliament within one month of its declaration.
- The emergency can remain in force for six months but can be extended indefinitely with parliamentary approval every six months.
Effects of National Emergency
- Executive Power: The Union Government assumes greater control over state governments. It can issue binding directions to states.
- Legislative Power: The Parliament can make laws on subjects from the State List during an emergency.
- Financial Power: The President can modify the distribution of financial resources between the Union and the states.
- Fundamental Rights: Certain Fundamental Rights (Articles 19, 21, and others) may be suspended. However, rights under Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty) cannot be suspended.
Revocation
- The President can revoke the emergency at any time. It can also be revoked if the Lok Sabha passes a resolution disapproving the emergency.
Case Study:
The first and most controversial National Emergency was declared in 1975 by then Prime Minister Indira Gandhi, citing internal disturbances. This period is criticized for curbing civil liberties and democratic processes.
2. State Emergency (Article 356) – President’s Rule
A State Emergency or President’s Rule can be proclaimed if the President, on receiving a report from the Governor of the state or otherwise, is satisfied that the governance in a state cannot be carried on in accordance with the provisions of the Constitution.
Grounds for Imposing President’s Rule
- Failure of constitutional machinery in a state, also known as a breakdown of law and order, or political instability.
- Non-compliance with the Union Government’s directives, or failure to hold elections on time.
Procedure
- The President issues a proclamation of President’s Rule, which must be approved by both houses of Parliament within two months.
- Once approved, President’s Rule remains in effect for six months, and it can be extended for up to three years with repeated parliamentary approval every six months.
Effects of President’s Rule
- The State Legislative Assembly is either dissolved or kept in suspended animation.
- The state is governed by the Governor, who acts on behalf of the President. The Union Parliament assumes the power to legislate on state subjects.
- The Council of Ministers in the state is dismissed, and executive powers are vested in the Governor.
Judicial Safeguards
The Supreme Court has placed checks on the imposition of President’s Rule through its ruling in the S.R. Bommai vs Union of India (1994) case. The Court held that the President’s proclamation of emergency is subject to judicial review. This landmark judgment ensures that arbitrary imposition of President’s Rule can be challenged in courts.
3. Financial Emergency (Article 360)
A Financial Emergency can be declared if the President is satisfied that a situation has arisen in which the financial stability or credit of India or any part of its territory is threatened.
Procedure
- The declaration of Financial Emergency must be approved by both houses of Parliament within two months.
- There is no time limit for the duration of a financial emergency; it can remain in force until revoked by the President.
Effects of Financial Emergency
- The Union Government can direct states to observe financial propriety and reduce expenditures.
- The salaries and allowances of all government officials, including judges of the Supreme Court and High Courts, may be reduced.
- All money bills passed by the State Legislatures require the President’s approval.
Significance
India has never declared a Financial Emergency so far, despite economic crises such as the 1991 balance of payments crisis.
Implications of Emergency Provisions
Emergency provisions centralize power with the Union Government to ensure that national security, public order, and financial stability are maintained in extraordinary circumstances. However, these provisions can undermine federalism and civil liberties if misused. Historical experiences like the 1975 Emergency have shown how emergency provisions can be used to suppress dissent and political opposition, prompting later amendments to prevent abuse.
Key Amendments
The 44th Amendment Act, 1978 introduced crucial changes to prevent misuse of emergency powers, especially the declaration of a National Emergency. It required the written recommendation of the Cabinet and made certain Fundamental Rights, such as Articles 20 and 21, non-suspendable.
Relevance for UPSC Aspirants
For UPSC aspirants, emergency provisions are an essential part of the Indian Polity syllabus. Focus on:
- The constitutional provisions and the various amendments that have shaped these provisions.
- The landmark judgments such as the S.R. Bommai case.
- Case studies like the 1975 National Emergency and President’s Rule in states like Karnataka, Bihar, and others.
- Implications for federalism and civil liberties during an emergency.
Conclusion
Understanding emergency provisions is crucial for answering questions in the Prelims and writing analytical answers in the Mains related to Indian Polity, governance, and constitutional mechanisms.
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