The Emergency Provisions in the Indian Constitution allow the Central Government to assume greater powers during extraordinary situations. These provisions were borrowed from the Weimar Constitution of Germany and aim to protect national security, constitutional stability, and financial stability.
👉 Part XVIII (Articles 352 to 360) of the Indian Constitution deals with Emergency Provisions.
👉 Three types of emergencies:
- National Emergency (Article 352) – Due to war, external aggression, or armed rebellion.
- State Emergency (President’s Rule) (Article 356) – Due to failure of constitutional machinery in a state.
- Financial Emergency (Article 360) – Due to a financial crisis.
I. Types of Emergencies in India
| Type of Emergency | Article | Reason | Who Declares? |
|---|---|---|---|
| National Emergency | Article 352 | War, external aggression, armed rebellion | President (on PM’s advice) |
| State Emergency (President’s Rule) | Article 356 | Constitutional breakdown in a state | President (on Governor’s report or otherwise) |
| Financial Emergency | Article 360 | Threat to financial stability | President |
II. National Emergency (Article 352)
🔹 Can be declared when:
✅ War,
✅ External aggression, or
✅ Armed rebellion threatens India’s security.
🔹 Declared by the President on the written advice of the Cabinet.
🔹 Parliament must approve it within 1 month and renew every 6 months.
🔹 Duration: Indefinitely if Parliament keeps approving it every 6 months.
🔹 Can be revoked by the President at any time.
Effects of National Emergency
✅ Centre becomes all-powerful – States function under the Union Government.
✅ Fundamental Rights can be suspended (except Article 20 & 21).
✅ Lok Sabha tenure can be extended beyond 5 years (Article 83).
Past Instances of National Emergency
| Year | Reason | Declared by |
|---|---|---|
| 1962 | China attacked India (Indo-China War) | Dr. S. Radhakrishnan |
| 1971 | Indo-Pak War | V. V. Giri |
| 1975-77 | Internal disturbances (Indira Gandhi’s rule) | Fakhruddin Ali Ahmed |
🚀 1975 Emergency is the most controversial, as political opposition was suppressed.
III. State Emergency (President’s Rule) (Article 356)
🔹 Can be declared when:
✅ A state government fails to follow the Constitution.
✅ The Governor recommends President’s Rule.
🔹 Declared by the President on the advice of the Governor or otherwise.
🔹 Parliament must approve it within 2 months.
🔹 Duration:
- Initially 6 months, but can be extended up to 3 years.
- Beyond 1 year, approval of both Houses is required every 6 months.
Effects of State Emergency
✅ The State Legislature is dissolved or suspended.
✅ The Governor runs the administration under the Centre.
✅ The Parliament makes laws for the state.
Past Instances of State Emergency
🚀 First President’s Rule: Punjab (1951).
🚀 Most number of times: In Kerala (9 times).
🚀 Frequently used against opposition governments before SR Bommai Case (1994), which restricted its misuse.
IV. Financial Emergency (Article 360)
🔹 Can be declared when:
✅ India’s financial stability is threatened.
🔹 Declared by the President on the advice of the Cabinet.
🔹 Must be approved by Parliament within 2 months.
🔹 Can continue indefinitely until revoked by the President.
Effects of Financial Emergency
✅ Salaries of government employees, including judges, can be reduced.
✅ All money bills require the President’s approval.
✅ States must follow the Centre’s financial directions.
🚀 So far, Financial Emergency has never been declared in India.
V. Landmark Supreme Court Cases on Emergency
1. Kesavananda Bharati Case (1973)
✔ Stated that Emergency cannot destroy the basic structure of the Constitution.
2. 44th Constitutional Amendment (1978)
✔ Made National Emergency more difficult to declare.
✔ Internal disturbance was replaced by “Armed Rebellion”.
✔ Fundamental Rights under Article 20 & 21 cannot be suspended.
3. S. R. Bommai Case (1994)
✔ Restricted misuse of Article 356 (President’s Rule).
✔ Judicial review allowed on State Emergency declarations.
VI. Challenges & Criticism of Emergency Provisions
❌ Misuse of Article 356 – Often used by the Central Government to remove state governments.
❌ Suspension of Fundamental Rights – 1975 Emergency saw mass arrests.
❌ Weakens Federalism – Centralization of power during emergencies.
❌ Economic Damage – Financial Emergency could reduce salaries and funds.
VII. MCQs on Emergency Provisions
1. Which Article allows the President to declare a National Emergency?
A) Article 350
B) Article 352
C) Article 356
D) Article 360
Answer: B) Article 352
2. Which of the following emergencies has never been declared in India?
A) National Emergency
B) State Emergency
C) Financial Emergency
D) None of the above
Answer: C) Financial Emergency
3. How long can President’s Rule last in a state without special approval?
A) 3 months
B) 6 months
C) 1 year
D) 3 years
Answer: B) 6 months
4. During a National Emergency, which Fundamental Rights cannot be suspended?
A) Article 19
B) Articles 20 & 21
C) Article 14
D) Article 32
Answer: B) Articles 20 & 21
5. Which Amendment made it harder to declare a National Emergency?
A) 42nd Amendment
B) 44th Amendment
C) 73rd Amendment
D) 101st Amendment
Answer: B) 44th Amendment
6. Which case restricted misuse of President’s Rule under Article 356?
A) Kesavananda Bharati Case
B) Golaknath Case
C) S. R. Bommai Case
D) Maneka Gandhi Case
Answer: C) S. R. Bommai Case
7. What is the maximum period a National Emergency can last?
A) 1 year
B) 3 years
C) 5 years
D) Indefinitely (if renewed every 6 months)
Answer: D) Indefinitely (if renewed every 6 months)
8. Who has the power to approve the declaration of an Emergency?
A) Supreme Court
B) Lok Sabha
C) Parliament
D) President alone
Answer: C) Parliament
9. How many times has National Emergency been declared in India?
A) 1
B) 2
C) 3
D) 4
Answer: C) 3
10. Which Article allows the reduction of government employees’ salaries during a Financial Emergency?
A) Article 352
B) Article 356
C) Article 360
D) Article 368
Answer: C) Article 360
VIII. Conclusion
✅ Emergency Provisions protect the country during crises.
✅ Articles 352, 356, and 360 deal with different types of emergencies.
✅ The 44th Amendment (1978) made Emergency declarations more difficult.
✅ Judicial safeguards like the S. R. Bommai Case prevent misuse of power.
✅ India has seen 3 National Emergencies but no Financial Emergency so far.
Would you like a mind map or more MCQs on this topic? 😊