Emergency Provisions

Article 352 deals with the Proclamation of Emergency on the grounds of war, external aggression, or armed rebellion.

The 44th Amendment Act (1978) replaced the term 'internal disturbance' with 'armed rebellion' to prevent misuse of emergency provisions.

Article 360 empowers the President to proclaim a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India is threatened.

Once approved by Parliament, a National Emergency continues for 6 months and can be extended indefinitely with fresh approval every 6 months.

The 44th Amendment Act (1978) provides that the enforcement of the rights guaranteed by Articles 20 and 21 cannot be suspended even during an emergency.

Article 356 is invoked when there is a failure of constitutional machinery in a state, hence it is known as State Emergency or Constitutional Emergency.

A proclamation of emergency must be approved by both Houses of Parliament by a special majority (majority of the total membership of each House and a majority of not less than 2/3 of the members present and voting).

A proclamation of National Emergency may be revoked by the President at any time by a subsequent proclamation without parliamentary approval.

President's Rule can be extended for a maximum period of three years, beyond which it must be revoked and the Election Commission must certify that general elections cannot be held.

The 44th Amendment Act ensured that the proclamation of emergency is subject to judicial review on the grounds of mala fide intent.

During a National Emergency, the executive power of the Centre extends to the giving of directions to any state regarding the manner in which its executive power is to be exercised.

Financial Emergency (Article 360) has never been proclaimed in India to date.

Parliament can extend the duration of the Lok Sabha by one year at a time during an emergency, for any length of time.

Article 359 empowers the President to suspend the right to move any court for the enforcement of Fundamental Rights during an emergency.

'Internal Disturbance' was replaced by 'Armed Rebellion' in 1978; it is no longer a valid ground for declaring a National Emergency.

The President acts on the report of the Governor or otherwise if he is satisfied that the situation in the state is such that the government cannot be carried on in accordance with the Constitution.

The Sarkaria Commission (1983) recommended that Article 356 should be used very sparingly, in extreme cases, as a last resort.

During a National Emergency, the Parliament acquires the power to make laws with respect to any matter in the State List.

The 38th Amendment Act made the declaration of emergency by the President non-justiciable, a provision later reversed by the 44th Amendment.

Article 356 relates to the breakdown of constitutional machinery in a state, commonly referred to as President's Rule.

The 44th Amendment Act (1978) introduced the requirement that the President can proclaim a National Emergency only after receiving a written recommendation from the Cabinet.

Under Article 359, the President is authorized to suspend the right to move any court for the enforcement of Fundamental Rights, except for Articles 20 and 21, as per the 44th Amendment.

During a National Emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised.

Article 358 provides for the automatic suspension of Article 19 rights when a National Emergency is proclaimed on the grounds of war or external aggression.

If the Lok Sabha is dissolved, the proclamation must be approved by the Rajya Sabha within one month and the newly constituted Lok Sabha within 30 days of its first sitting.

President's Rule can be extended for a maximum period of three years, subject to parliamentary approval every six months, under exceptional circumstances (e.g., Election Commission certifies difficulty in holding elections).

In the S.R. Bommai case (1994), the Supreme Court held that the President's satisfaction under Article 356 is subject to judicial review on grounds of mala fide intent or irrelevant considerations.

The President cannot suspend or take over the powers of the High Court of the concerned state during President's Rule.

During a Financial Emergency, the President can issue directions for the reduction of salaries and allowances of all or any class of persons serving the State, including judges of the Supreme Court and High Courts.

Since the 44th Amendment, the proclamation of a National Emergency must be approved by both Houses of Parliament by a special majority (majority of total membership and two-thirds of members present and voting).

Article 360 empowers the President to proclaim a Financial Emergency and issue directions to any state to observe specified canons of financial propriety.

Article 365 states that where any state has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union, it shall be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the Constitution.

A proclamation of National Emergency can be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

If the Lok Sabha passes a resolution disapproving the continuation of the emergency (introduced by 44th Amendment), the President is bound to revoke it.

Under Article 356, the legislative powers of the state are exercisable by or under the authority of the Parliament.

According to the 44th Amendment Act, the enforcement of rights guaranteed by Articles 20 and 21 cannot be suspended even during an emergency.

The approval of the National Emergency requires a majority of the total membership of each house and a majority of not less than two-thirds of the members present and voting.

The life of the Lok Sabha can be extended by a law passed by the Parliament, provided that the extension does not exceed a period of six months after the proclamation has ceased to operate.

The rationale behind emergency provisions is to provide the Union government with extraordinary powers to meet extraordinary situations, thereby safeguarding the sovereignty and security of the nation.

A proclamation declaring a Financial Emergency must be approved by both Houses of Parliament within two months from the date of its issue.

Though subject to judicial review, the satisfaction of the President in issuing the proclamation is final, and the court cannot challenge the validity of the satisfaction itself (unless it is mala fide).

Article 250 empowers Parliament to make laws on any matter in the State List if a Proclamation of Emergency is in operation.

A proclamation of President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.

Article 353 describes the effect of Proclamation of Emergency, stating that the executive power of the Union extends to giving directions to any state.

Article 365 states that where any state has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union, it shall be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this Constitution.

Article 358 provides for the automatic suspension of the six Fundamental Rights under Article 19 as soon as the proclamation of National Emergency is made on grounds of war or external aggression.

The President can revoke a proclamation of National Emergency at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

During President's Rule, the President acquires the powers of the state government and the executive functions of the state are taken over by the Centre.

The 44th Amendment added Clause (3) to Article 352, stating that the President shall not issue a proclamation unless the decision of the Union Cabinet is communicated to him in writing.

A proclamation of Financial Emergency can be revoked by the President at any time by a subsequent proclamation. It does not have a fixed time limit for expiration.