EMERGENCY PROVISION UNDER CONSTITUTION OF INDIA (16 MARKS)

India i.e. Bharat is an “own kind” federal republic. During an emergency, it possesses
unitary functionality. That’s why Dr. B. R Ambedkar declared the Indian Federal structure
special because throughout an emergency it becomes fully unitary. In an emergency, the
mechanism becomes a unitary trait as the constitutional apparatus fails. Part XVIII of the
Constitution, Article 352 to 360 includes the emergency provisions.

The word emergency can be described as an unexpectedly occurring situation that

causes public authorities to act instantly within their particular powers. The emergency is
a disturbance from which a human’s civil rights, except perhaps in Articles 20 and 21, are
removed. An emergency is due to the breakdown of the administrative machinery that
triggers or allows the government to urgently respond.

Types of emergency in the Indian Constitution

The State may override the different individual freedoms in the presidential state of
emergency and enforce those federal standards in Section XVIII of the Constitution.

Article 352 to Article 360 of the Indian Constitution allows for emergency arrangements.

• National emergency (Article 352)

• State emergency (Article 356)
• Financial emergency (Article 360)

National emergency

Article 352 of the Constitution stipulates national emergency. National emergency. The
national emergency coincides with statutory requirements to be enforced when an
unusual situation affects or threatens part of the nation’s harmony, defence, prosperity,
and administration.

In compliance with Article 352 of the Constitution, emergency implementation when

conditions preceding were also present-

(i) Attack,

(ii) External intrusion or

iii) Internal rebellion.

Article 352 states that if, because of outside aggression or armed revolt, the President is
‘comfortable’ that a dangerous situation occurs which endangers the protection of India
or indeed any portion of it, he will make a declaration in that respect with or for almost all
of India. Such a declaration, though, may only be made through authorized advice of the
cabinet of the Nation in clause 3. Such a declaration must be put before the legislative
house and accepted from each chamber, or it will lapse after a month from the
declaration.

It must be remembered that it has been accounted for in the clarification of Article 352
that neither the foreign invasion nor violent revolution has really taken place in the event
of an emergency declaration. It may be declared even though foreign violence or military
revolt is likely.

The procedure of proclaiming emergency

The President of the country can make a statement, but there is just something that is
already provided for. Only if the Cabinet requests in writing that the President order quite
an emergency. The Houses of Parliament must, by an overwhelming vote, approve quite
an emergency declaration, and perhaps even the 2/3rd majority of the members present
and voting inside one month, or the declaration shall stop functioning.

“If Lok Sabha is abolished or would not be at an Emergency management meeting, it shall
be accepted in the month and subsequently in the month after the beginning of this next
meeting by Rajya Sabha. The emergency continues to exist six years after the date of
declaration until ratification by Parliament.” Which ought to be continued after six months,
the Legislature must enact another provisional decision. This proved to be an emergency
forever.

The procedure of revoking emergency

The President of India may revoke the emergency by another declaration if the condition
improves. The 44th constitutional amendment requires ten percent or more Lok Sabha
leaders to share an application for and in the meeting of the Lok Sabha; they may
disagree with the emergency, or cancel it by a mere majority. In such an incident, it is
unserviceable automatically.

State emergency

The Union Government’s responsibility is to ensure that perhaps the administration of a

State takes action in accordance with the Constitution’s requirements. Article 356 states
that, whether, on the reception of a briefing from the Governor of the State, and
otherwise, the President is pleased that a state government is unable to carry on in a
smooth manner, a state emergency declaration may be issued by that Leader.

In this case, the President’s declaration of emergency is labelled ‘announcement because

of the breakdown (or collapse) of legislative mechanisms.’

An emergency of this kind may have the following effects:

1. the President, with the exception of the High Court, may assume all or any of the
responsibilities of state governments;
2. announce that state legislative powers should be exercised by, or under,
Parliament’s responsibility;
3. make the declaration subject matter necessary or suitable for its execution.
Nevertheless, the President is not allowed to presume or terminate any statutory
obligation relating to the High Court. The President of India has instituted a 126-fold rule
in India until 2018. The presidential rule has been used for a record of 35 occasions under
Indira Gandhi’s rule.

The procedure of proclaiming state emergency

Such an announcement, like the National Emergency, should have been sent for
ratification before all the Houses of Parliament. Permission must be issued in this
situation within two months; therefore the declaration shall cease operating. If the Lok
Sabha is disbanded after some of these two months and has been authorized by the Rajya
Sabha then the resolution shall cease to function on the 30th day after its restoration on
the date of the first session of the Lok Sabha because if the Lok Sabha has been approved
well before expiry.

An announcement so authorized immediately stops to act at the end of a six-month cycle

following the date of the announcement, until withdrawn. Without revocation, its life can
be prolonged by six months, most times but not after three years. Afterward, the Reign of
the President has to be finished and the State has to restore regular legislative
machinery.

A new clause was added in the 44th Amendment, which restricted Parliament’s
jurisdiction to the degree of an announcement made after 1 year under Article 356.

The procedure of revoking state emergency

Any such declaration can by a subsequent proclamation be repealed or varied. In each of

the following forms, a proclamation made in compliance with Article 356(1) expires:

1. Unless accepted before both Houses of Parliament within two months of its
creation [Article 356(3)].
2. In case of failure to gain the consent of either House within two months after
sending the declaration to the Houses of Parliament [Article 356(3)].
3. If no other proposal is adopted by the House of Parliament, following the
adoption of a first proposal [Article 356(4)], following six months from the date of
the declaration.
Subject to the overall maximum limit of three years from the date of the declaration
following six months from the date of the passing of the last resolutions authorizing the
Chamber of Parliament. The following conditions contained in article 356(5) must be
fulfilled to extend the proclamation after one year:

• Global Disaster in place already; or whether

• The Electoral Commission classifies that it cannot hold elections to the
Legislative Council.
• The date on which the proclamation of revocation is issued by the President
[Article 356(2)].
Financial emergency

The financial emergency provided for in Article 360, is the third kind of emergency. It
stipulates that even if the President is convinced that India or any of its economic stability
or credibility is at risk, he may declare a financial emergency. The executive and
legislative competencies would take center stage in such a circumstance. It must also be
accepted by Parliament, as some of the other 2 emergencies. Both Members of
Parliament must approve it within two months. As long as the process requires, the
financial catastrophe can exist and might even be lifted with a corresponding declaration.

This Article has never been used.

A declaration is given pursuant to Art. 360—

• a corresponding proclamation may be withheld or varied

• every House of Parliament shall be placed before it
• ceases to exist at the completion of two months, except as authorized in
resolutions of the two Houses of Parliament even before the expiration of that
time.

Effect of the proclamation of emergency

Effects of national emergency

The establishment of national emergencies has an effect both on people’s interests and
on the sovereignty of states:

1. The key consequence is that the constitution’s style of federalism becomes

unitary. The Centre’s powers are increasing and the Parliament assumes
authority, except in the fields alluded to in the State List, to make legislation for
the whole country or part thereof.
2. The Government of India is willing to provide orders to the countries about how
to exercise their executive authority.
3. The Lok Sabha will prolong the tenure by one year at a time during an emergency
era. But the same could be expanded beyond 6 months after the expiration of the
proclamation. It is possible to prolong the term of state legislatures in the same
way.
4. The President is allowed during an emergency to change the laws on the
allocation between the Union and the States of wealth.
5. Under Article 19, human rights shall immediately be revoked and this restriction
shall extend until the conclusion of the emergency.
But according to the 44th amendment only in case of a declaration on the grounds of war
or external invasion, liberties specified under Article 19 can be restricted. Everything
becomes clear from the debate above that emergencies not only suspend the sovereignty
of the States but also make the federal system of India unitary. It remains important
because of its comprehensive powers to deal with these irregular circumstances for the
Union Government.