Emergency:

Introduction

Types

Procedure for Emergency

Effects of National Emergency

Conclusion

Introduction: At the time when the Constitution was being written, India was in a state of stress and
strain due to Partition, communal riots, merger of Princely States including Kashmir. The law makers
envisaged a strong Centre for the stability, security and integrity of the nation, especially when the
security and stability is threatened by external or internal forces.

Keeping in view of the above stated points, certain emergency provisions were made in the
Constitution. One of the chief characteristics of the Indian Constitution is the way in which the
normal federal Constitution of the state can be adapted to emergency situation. It is the merit of the
Constitution that it visualizes the circumstances when the strict application of the federal principles
might destroy the basic assumptions on which our Constitution is built.

Types of Emergency:

1. National
2. State
3. Financial

National Emergency – Art 352

When the President is so satisfied that there is grave threat to the security or stability of India or any
part of the territory thereof due to war, external aggression or armed rebellion, the President may
by way of Proclamation declare a state of national emergency. According to the 44 th Amendment,
such a Proclamation can be made only when the Cabinet submits a recommendation to the
President in writing and not merely on the advice of the Prime Minister as was done by Smt. Indira
Gandhi in June, 1975.

Procedure of the Proclamation:

The Proclamation must be laid before each House of the Parliament for approval and it shall cease to
operate at the expiration of one month of such Proclamation unless before the expiry of the one
month it has been approved by both the Houses of Parliament. Such a proclamation must be
approved by an absolute majority of the total membership of the Houses as well as 2/3 rd majority of
those present and voting within one month, otherwise the proclamation ceases to operate.

In case the Lok Sabha stands dissolved or is not in session, it must be approved by Rajya Sabha
within one month and later on by the Rajya sabha within 30 days from the date on which the House
of People first sits after its reconstitution or the commencement of the next session. Once approved
by the Parliament, the emergency remains in force for six months from the date of passing of the
second of the resolutions approving the Proclamation. It may be extended for a period of further six
months before the cessation of the earlier Proclamation.

If the situation improves, the national emergency can be revoked by another Proclamation by the
President. The 44th Amendment provides that ten percent or more of the members of the House of
People can requisition a meeting of the Lok Sabha and in that meeting can disapproving or revoke
the emergency by a simple majority. In such a case, the emergency will immediately cease to
operate.

National emergency has been declared in our country three times so far.

 For the first time, emergency was declared on 26 th Oct 1962 after China attacked our borders
in the North East. This National Emergency lasted till 10 th January 1968 long after the
hostilities ceased.
 For the second time, it was declared on 3rd Dec 1971, in the wake of second India-Pakistan
War and was lifted on 21st March 1977. While the second emergency was still in operation,
 Third National Emergency was proclaimed on 25 th June 1975. This emergency was declared
on the ground of “internal disturbances”.

Grounds for National Emergency

Bennett Coleman & Co, v/s Union of India: The Supreme Court observed that “internal disturbances”
were vague and had a very wide connotation which gave a wide discretion to the Executive to
declare Emergency even on flimsy grounds. The Supreme Court concluded that the Proclamation
Emergency should not invalidate a law which already existed before the Proclamation.

In the case, Minerva Mills v/s Union of India, the Supreme Court held that there is no bar on the
judicial review of the validity of the Proclamation. It can check if the satisfaction of the President is
valid or not and whether it is based on mala fide, absurd or irrelevant grouds.

The 44th Amendment substituted the phrase “ internal disturbances” by “armed rebellion”.

Effects of Proclamation of Emergency:

1. Extension of Centre’s Executive Power : (Art. 353)

The President may give directions to any state as to the manner in which the executive
powers of the State is to be exercised.
2. Parliament empowered to legislate on State Subjects: Art 353 (b): The most significant effect
of Emergency is the Federal structure of the constitution changes into unitary. The authority
of the Centre increases and the Parliament assumes the power of making laws for the entire
country or any part thereof even in respect of the subjects mentioned in the State List.
3. Centre empowered to alter distribution of revenue between the Union and State (Art. 354)
4. Extension of life of the Lok Sabha: The President may extend the life of Lok Sabha by a
period of one year each time up to a period of six months from the date on which the
Proclamation ceases to operate.
5. Suspension of Fundamental Rights guaranteed under Art 19. (Art 358) Suspension of six
freedoms guaranteed to the citizens by Art 19: Law made by the Legislature or any action by
the Executive cannot be challenged on the ground that they are inconsistent with the rights
guaranteed under Art. 19. MM Pathak v/s Union of India: Art 14 and 19 only suspended
during the emergency
 6. Suspension of the right of enforcement of Fundamental Rights (Art 359)
According to 44th Amendment, suspension of FR can only be only in the case of war or
external aggression.

State Emergency: (Art 356)

Provisions in case of failure of Constitutional machinery in States:

If the President on the receipt of a report from Governor is satisfied that the a situation has arisen in
which the Government of a State cannot be carried out in accordance with the provisions of the
Constitution, he may declare by way of Proclamation State Emergency, wherein:

(a) He may assume all or any functions of the Government of the State or all or any powers of
the Governor of the State or anybody or any authority in the State other than the Legislature
of the State
(b) He may hand over the powers of Legislature of the State to the Parliament
(c) Make such incidental or consequential provisions as may appear to the President as
necessary for desirable effects to achieve the objects of the Proclamation, including
provisions for suspension in whole or any part the operation of any provision of the
Constitution..

Provided that nothing in the clause shall authorise the President to assume to himself the powers
vested in or exercisable by a High Court or suspend any operation of any provision of this
Constitution in relation to High Courts.

Procedure for Proclamation of State Emergency: two months time for approval. Absolute majority of
the total membership of the Houses and 2/3 rd majority of those present and voting.

Effect of State Emergency:

The President may assume to himself all or any functions of the Govt of the state or Governor or any
other executive authority.

The President may dissolve the State Assembly or put it under suspension. He may authorise the
Parliament to make laws on behalf of the State Assembly.

The Sakaria Commission has recommended to use this provision as only the last resort.

Also, the State Assembly must not be dissolved until the Proclamation has been approved by both
the Houses.

On few occasions, like the one in IK Gujral Government recommended the use of 356. The president
returned the recommendation for reconsideration. The Union Govt took the hint and dropped the
proposal.

Financial Emergency: (Art 360) If the President is satisfied that a situation has arisen where the
financial stability or credit of India or of any part of territory thereof is threatened, he may declare
by a Proclamation to that effect. Under such situation, the executive and legislative powers of the
State goes to the Centre.

Shall cease to expire in two months unless before the expiration of that period it has been approved
by resolutions of both Houses
Effects:

Union Govt may give directions to the state iin relation to financial matters

The President may ask the States to reduce the salaries and allowances of all or any class of persons
in govt service

The President may ask the States to reserve all the Money Bills for consideration of the Parliament
after they have been passed by the State Legislature

Reduce salaries and allowances of Central Govt employees