Introduction

Indian federalism divides powers between the Centre and the States, but during emergencies, the Constitution allows the Centre to acquire unitary powers to protect the sovereignty, unity, and integrity of the nation.

The Emergency provisions were inspired by the Weimar Constitution of Germany and are mentioned in Part XVIII of the Indian Constitution (Articles 352–360).
There are three types of emergencies:

1. Article 352: National Emergency (war, external aggression, armed rebellion).
2. Article 356: State Emergency (President’s Rule due to constitutional failure).
3. Article 360: Financial Emergency.

---

National Emergency (Article 352)

Conditions for Proclamation

• The President can declare a National Emergency when satisfied that:
  • A grave emergency exists due to war, external aggression, or armed rebellion.
• It can apply to the entire country or a specific part of the territory.

Key Provisions under 42nd and 44th Amendments

42nd Amendment (1976)

• Allowed proclamation of Emergency in parts of the country.
• Allowed the President to modify an Emergency without fully removing it.

44th Amendment (1978)

• Restricted misuse of Emergency powers:
  • Emergency requires written approval from the entire Cabinet, not just the Prime Minister.
  • Must be approved by Parliament within 1 month (earlier 2 months).
  • Approval can be extended for 6 months at a time, with a maximum duration of 6 months after the Emergency ends.

Impact of National Emergency

1. Fundamental Rights:

   • Article 19 (freedom of speech, assembly, etc.) is suspended.
   • Under Article 359, the President can suspend enforcement of Fundamental Rights (except Articles 20 and 21).

2. Legislative Powers:

   • Centre can make laws on subjects in the State List.

3. Financial Relations:

   • The President can modify the distribution of financial resources between the Centre and States.

4. Parliament and State Assemblies:

   • Parliament can extend the Lok Sabha’s tenure by 1 year at a time, up to a maximum of 6 months after the Emergency ends.

Occurrences of National Emergency

1. 1962–1968: China’s invasion of Arunachal Pradesh.
2. 1971–1977: Pakistan’s undeclared war against India.
3. 1975–1977: Internal disturbance (declared under Prime Minister Indira Gandhi).

---

Emergency in the State: President’s Rule (Article 356)

Conditions for Proclamation

• Under Article 355, the Centre has a duty to protect States against:
  1. External aggression
  2. Internal disturbance
  3. Failure of constitutional machinery in the State.
• The President can impose President’s Rule based on:
  • A report from the Governor.
  • His own satisfaction of constitutional failure.

Effects of President’s Rule

1. Executive Powers:

   • The State government is dismissed.
   • The Governor takes over state administration under Central direction.

2. Legislative Powers:

   • State Assembly is suspended or dissolved.
   • Parliament exercises legislative powers for the State.

3. Financial Impact:

   • Distribution of taxes and funds can be modified, but this ceases at the end of the financial year during which the Emergency ends.

Duration

• Must be approved by Parliament within 2 months.
• Can be extended in increments of 6 months up to a maximum of 3 years.

44th Amendment

• President’s Rule can last for 1 year under normal circumstances and up to 3 years under extraordinary conditions (e.g., delays in elections).

---

11.5 Significant Amendments

1. 42nd Amendment:

   • Increased the duration of Emergency to 1 year.

2. 44th Amendment:

   • Reduced it back to 6 months.
   • Proclamation must be justified and approved by Parliament.

---

Major Disputes Related to Emergency Provisions

1. 1977 Misuse of President’s Rule:

   • After the 1977 General Elections, the Janata Party imposed President’s Rule in nine Congress-ruled states, arguing they lost public trust.
   • Congress challenged this in the Supreme Court.

2. 1980 Misuse:

   • Following the Congress’s victory in the 1980 General Elections, Janata-ruled states were dismissed without justification.

Judicial Decisions

1. Rajasthan State v. Union of India (1977):

   • The Court upheld the Centre’s power to dissolve State Assemblies under Article 356.

2. S.R. Bommai v. Union of India (1994):

   • Judicial review of the President’s proclamation under Article 356 is allowed.
   • President’s Rule must be based on valid reasons.
   • The Court can revive the dissolved Assembly if the proclamation is found unconstitutional.

---

Financial Emergency (Article 360)

Conditions for Proclamation

• If the President feels that India’s financial stability or credit is endangered, a Financial Emergency can be declared.

Effects of Financial Emergency

1. The Centre can:

   • Direct States to follow specified financial principles.
   • Reduce salaries of government employees and judges of the Supreme Court and High Courts.
   • Reserve Money Bills for Presidential consideration.

2. Must be approved by Parliament within 2 months.

---

Conclusion

The Emergency provisions of the Indian Constitution aim to safeguard national unity and sovereignty but have been misused historically.

• The 1975 Emergency declared by Prime Minister Indira Gandhi highlighted the risks of unchecked Emergency powers.
• The S.R. Bommai case (1994) strengthened safeguards against misuse of Article 356, reinforcing the judiciary’s role as a check on the executive’s power.

By balancing federal principles with emergency powers, India’s Constitution strives to ensure both stability and democracy in times of crisis.