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Article 360

Article 360 of the Indian Constitution allows the President to declare a financial emergency if the financial stability or credit of India or any part of India is threatened. During this time, the central government can issue directives to states regarding financial propriety. A financial emergency proclamation must be approved by parliament within 2 months to remain in effect. The constitution equips the central government with powers to function during emergencies while subject to constitutional validity and human rights protections.

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29 views

Article 360

Article 360 of the Indian Constitution allows the President to declare a financial emergency if the financial stability or credit of India or any part of India is threatened. During this time, the central government can issue directives to states regarding financial propriety. A financial emergency proclamation must be approved by parliament within 2 months to remain in effect. The constitution equips the central government with powers to function during emergencies while subject to constitutional validity and human rights protections.

Uploaded by

sai kiran gudiseva
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article 360

Article 360 talks about Financial Emergency

“If the President is satisfied that a situation has arisen whereby the financial stability or credit of
India, or of any part thereof is threatened, he may by a proclamation make a declaration to that
effect. During the period the proclamation is in operation, the executive authority of the Union
shall extend to the giving of directions to any State to observe such canons of financial propriety
as may be specified in the directions, and be deemed necessary for maintaining financial stability
and credit of the State. Under these directives, any State may be required by the Union to reduce
salaries and allowances of all or any class of persons employed by the State and reserve all
money or financial Bills for the consideration of the President after they are passed by the
legislature of the State.”

Changes through 44th Amendment:

“As amended by the Forty-fourth Amendment, a proclamation of financial emergency shall


cease to operate in two months from the date of issue unless it is approved by both Houses of
Parliament. If the House of the People is dissolved, It has to be approved within thirty days from
the reconstitution of the House. Once [ha proclamation has been approved by Parliament it will
continue to remain in fad unless revoked by the President.”

“Further, during such financial emergency, it shall be competent for the President to issue
directions for the reduction of salaries and allowances of all or any class of persons serving the
Union, including Judges of the Supreme Court and the High Courts.”

“As already stated. Article 360 has never been invoked so far.”

“The Constitution of India is unique to the extent that it contains a complete scheme for speedy
readjustment of the peace-time governmentalmachinery in moment of national peril. These
provisions may appear to be harsh, particularly in a Constitution which professes to be built upon
an edifice of fundamental rights and democracy.”

“But the provisions must be studied in the light of India‘s past history. India had he: inglorious
days whenever the Central power grew weak. It is well that the Constitution guards against the
forces of disintegration.”

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“Events may take place threatening the very existence of the State, and if there are he safeguards
against such eventualities, the State, together with all that is desired to remain basic and
immutable, will be swept away.”

A Proclamation issued under Art. 360—


(a) May be revoked or varied by a subsequent Proclamation
(b) Shall be laid before each House of Parliament
(c) Shall cease to operate at the expiration of two months, unless before the expiration
of that period it has been approved by resolutions of both Houses of Parliament.

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CONCLUSION

“The Indian Constitution equips the central government with powers to function while operation
of Proclamation of Emergency whether National Emergency, Emergency due to failure of
constitutional machinery in states or Financial Emergency. The President is vested with wide
discretionary powers, subject to constitutional validity of the same. Similarly in the European
countries the Emergency measures must not exceed that what the situation demands and they
cannot be inconsistent with the states other obligations as per under the International law.”

“One of the duties while exercising the power under Article 352 is the protection of human
rights. However Article 19 is suspended during operation of the proclamation but as soon as the
Emergency ceases, these rights must be reinstated to the individuals. In Bangladesh it is
recommended that there should be immediate restoration of fundamental and democratic rights
of people after the Emergency ceases to operate.”

“Where the Constitution provides for execution of power which may lead to infringement of
fundamental rights of the individual during Emergency, judicially guaranteed by Constitution of
India, there must also be effective control mechanism to ensure limitation of this power within
the ambit of the Constitution. The validity of actions must be reviewed to deter political gains
and give way to public interest. Despite the abuse of power the Emergency provisions still have a
role to play under conditions prevailing in India, though it still remains a controversial issue in
the country.”

“The state government relinquishes their rights to the central government to retain security and
pursuit of public welfare. It was at the time when neighboring country, China attacked the
northern borders posing a threat to the security of India, when for the first time the Union
assumed powers to handle such a situation. Since then the President was assigned with
extraordinary powers to act in situations of Emergency.”

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BIBLOGRAPHY:

1. Durga Das Basu, Introduction to Indian Constitution(Kamal Law House, Calcutta,


5thedn., 1998).
2. M P Jain, Indian Constitutional Law (Wadhva & Co., 2003).
3. V N Shukla, Constitution of India, 11th edition,2008, Eastren Book Company.
4. J.N Pandey, Constitutional Law of India .55th Edition, 2018, Central Law Agency.

List of Cases:

 Baburao v Union of IndiaAIR 1988 SC 440


 Makhan Singh v. State of PunjabAIR 1964 SC 381,403.
 State of M.P v Thakur Bharat SinghAIR 1967 SC 1170
 Bennett Coleman &Co v Union of IndiaAIR 1973 SC 106
 ADM, Jabalpur v. Shivakant ShuklaAIR 1976 SC 1207
 Union of India v. Bhanudas Krishna GawdeAIR 1977 SC 1027
 Minerva Mills v Union of IndiaAIR 1980 SC 1789
 M.M Pathak v Union of IndiaAIR 1978 SC 803
 State of Maharashtra v. PrabhakarAIR 1966 SC 424
 Ram Manohar Lohia v. State of BiharAIR 1966 SC 740
 Mohd Yaqub v State of Jammu and KashmirAIR 1968 SC 765
 Ghulam Sarwar v Union of IndiaAIR 1968 SC 1335.
 S.R. Bommai v. Union of IndiaAIR 1990 Kant 5(FB)
 Sunderlal Patwa v. Union of India1993 Jab LJ 387(FB)
 A.K. Roy v. The Union of IndiaAIR 1982 SC 710

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