Imagine a democracy of the State/country has been paused, causing the freedom of the peoples on the backseat. The political or financial chaos is too much for the democracy to thrive. The concept of Emergency in India apparently signifies the departure of fundamental rights and democratic governance of the country. The Indian Constitution is quasi-federal, when the proclamation of Emergency provisions of Constitution is made, and it becomes unitary. The Emergency falls under part XVII of the Constitution of India.
Themergency provision in Indian Constitution was introduced for dealing with extraordinary situations that may threaten the security, peace and the stability of the country. It also addresses the circumstances of failure of constitutional machinery in States, or financial emergency.
Emergency Provisions in Indian Constitution
Types of Emergencies in Constitution
There are the three types of the crises – first is war (external aggression has been committed or internal aggression amounting to armed rebellion takes place). Second is State emergency, when it becomes impossible to the State Government to carry on its functions in accordance with the Constitution of India. Third is the credit or the financial stability of the country is threatened.
- National Emergency (Article 352)
- State Emergency (Article 356)
- Financial Emergency (Article 360)
National Emergency (Article 352)
The Proclamation of National Emergency take place in case of War. When there is external aggression or armed rebellion caused in the country. This Emergency can be described as a national emergency. This type of Emergency is declared by the President only if he/she is satisfied that the security of the county or any part is threatened or likely to be threatened, either by war or external aggression or armed rebellion within the county. The 44th Amendment of the Constitution, requires the President to declare emergency only when the Cabinet recommends in writing.
Such proclamation of emergency as per Constitution must be approved by the both the houses of the Parliament by 2/3 of absolute majority of the members present and voting, within a month. In case the Lok Sabha stands dissolved at time of Proclamation of Emergency, or is not in session, the proclamation of emergency may be approved by the Rajya Sabha within one month and also by the Lok Sabha within a month when the next session starts.
The National Emergency remains for a period of six months from the date of its proclamation. In case extended for beyond six months, another resolution should be passed in the Parliament. In this way, such emergency can be proclaimed indefinitely. After the situation improves, the President can revoke the said Proclamation of Emergency.
In India, National Emergency has been declared three times. For the first time, it was declared on 26 October, 1962, after they attacked our borders at North-Eastern India by China. It lasted till 10 January 1968. The second time, it was declared on 3 December, 1971 in war with Pakistan. Third National Emergency was internal emergency, which was imposed on 25th June 1975.
State Emergency (President’s Rule)
The State Government has the duty to control the State machinery in accordance with the Constitution of India. As per Article 356 of Constitution, the President may issue the Proclamation of Emergency in the State if he/she is satisfied by the report of Governor of the State regarding the same, or situation going in the State that the Government cannot govern it smoothly. In such a situation, proclamation of emergency by the President is called as President’s Rule.
Like National Emergency, such proclamation must be placed before the both Houses of Parliament for approval. In this case, the approval should be given within 2 months. If it is approved by the Parliament, then the proclamation is valid for six months at a time. It can be extended for next six months, but not beyond one year. In case it has certain exception to be extended beyond one year, if National Emergency is already in operation or if Election Commission certifies that the election to State Assembly cannot be held.
The State Emergency was imposed many times in several States so far. It was imposed for the first time in 1951 in Punjab. Sometimes, the Central Government has also evidently misused the President Rule against various States.
Financial Emergency
The third type of emergency is Financial Emergency as provided under Article 360. It provides that if the President is satisfied that the financial stability of India or any of its part is in danger, he/she may declare the financial Emergency. Just like a National or State Emergency, Financial Emergency also needs to be approved by the Parliament. It has to be approved by both the Houses of Parliament within two months.
The Union Government may give direction to any States regarding financial matters. The President may ask the States to reduce the salaries and allowances of all or any class of persons in government service. President may also give directions for the reduction of salaries and allowances of the Government employees.
Case Laws on Emergency Provisions
Indira Nehru Gandhi v. Raj Narain (1975)
The Indira Gandhi – Raj Narain case was a landmark judgment that reinforced the basic structure doctrine of the Indian Constitution. It highlighted the importance of free and fair elections as an essential democratic principle and reaffirmed the Judiciary’s role in upholding constitutional integrity.
The Allahabad High Court found Indira Gandhi guilty of electoral malpractices and declared her election void. This led to a political crisis, the main reason for the Emergency of 1975. In response, the 39th Constitutional Amendment was introduced, attempting to shield the Prime Minister’s election from judicial scrutiny. However, the Supreme Court struck down the amendment, ruling that it violated the basic structure of the Constitution, reaffirming the Judiciary’s power of judicial review.
S.R. Bommai v. Union of India (1994)
The S.R. Bommai case was a landmark judgment that significantly shaped India’s federal structure and the application of Article 356 of the Constitution. The Supreme Court ruled that the President’s power to dismiss a State government was not absolute, and must be exercised with caution. The judgment emphasized judicial review, ensuring that proclamations under Article 356 could be challenged in Court.
The case reinforced the principle of federalism, stating that State governments are not subordinate to the Central government. It also established that the floor test in the Assembly is the ultimate method to determine a government’s majority, rather than the Governor’s subjective opinion. Additionally, the ruling aligned with the Sarkaria Commission’s recommendations, advocating for limited and justified use of Article 356.
Bommai judgement emphasises upon the misuse of President’s Rule. It eventually strengthened the democracy and ensured that the State government cannot be directly abolished by the Central government.
Conclusion
In times of crisis, the emergency provisions in Indian Constitution play a vital tool for preserving the country’s financial stability, governance, and security. The proclamation of emergency gives the Central government considerable power, temporarily moving governance toward a unitary structure, even though the Constitution is essentially federal.
Different crises are addressed by the three categories of emergencies – Financial Emergency (Article 360), State Emergency (Article 356), and National Emergency (Article 352). In times of war, external aggression, or armed rebellion, the government is empowered by the declaration of a national emergency. President’s Rule, also referred to as the State emergency, is imposed when a State’s governance is judged to be dysfunctional or unconstitutional. When India’s financial stability or any of its parts in danger, a financial emergency is declared.