Emergency Provision in India (Article 352, Article 356, Article 360)

Emergency Provision in India (Article 352, Article 356, Article 360)

Emergency in the constitutional term is referred to unexpected serious situations such wars, constitutional dead lock in the country that requires immediate action

To control these unexpected situations constitution has granted some powers to president of India termed as Emergency powers of President

Emergency Provision in India defined in the article 352, article 356 and article 360

Article 352 - Proclamation of National Emergency 

This Emergency can be imposed on entire nation when situations of war, armed rebellion or external aggression prevails in the country and security of nation is likely to threatened

There are certain limitations on this provision to declare emergency by the president, the president can declare emergency only after written communication of the Union Cabinet (include Prime Minister and other minister’s of cabinet rank)

Normal tenure of this emergency is 6 months from the date of approval; this may extend to another six months by another resolution

Other provisions regarding the continuance of this emergency is laid down in forty-Fourth amendment act, 1978

Till now National emergency has been invoked three times

• October 1962 at the time china attack to India
• December 1971 Bangladesh Liberation
• In the 1975 by Zail Singh for internal security threatening

When this emergency is proclaimed fundamental rights article 19 exclusively and if required the constitutional rights of citizens are suspended except article 20 and article 21 relates to personal liberty and right to live

Article - 356 – State Emergency

President can impose this Emergency when constitutional machinery fails in state

This emergency can be proclaimed in the state if the president of India is satisfied with report of governor about the state or he can imposed on his own if he thinks that the state government can’t carried functioning in accordance with the constitution

State emergency needs ratification by parliament within two months, after approval of parliament it may continue for another six months to maximum three years of duration

This emergency is imposed more frequently as we see in the states of Jharkhand, Chhattisgarh, Eastern most states and other states where no stable governments are formed or collapsed to carry out legislative functions of the state

Article - 360 – Financial Emergency

President can impose financial emergency when there exists financial instability in the country

During the financial emergency president can reduce salaries all government officials including the judges of Supreme Court and high courts and all those serving directly or indirectly in connection with the affairs of India

All money bills passed by state legislature are submitted to the President for his approval

He also can direct states to observe certain principles and measures relating to financial matters

Till know no financial emergency has been declared in the country