INTRODUCTION
Part XVIII of the Indian Constitution talks about the emergency provisions. These provisions were taken from the Weimer constitution of Germany. Emergency provisions given under the constitution provide the central government with some special powers which can be during extraordinary circumstances and as and when the situation demands.
There are three types of emergencies provided under the Indian constitution:
- National Emergency
- State Emergency
- Financial Emergency
NATIONAL EMERGENCY
Article 352 of the Indian constitution provides for a national emergency. If the president is satisfied that a situation exists whereby the security and integrity of the country or any part of the country are threatened by way of war, external aggression, or armed rebellion, he may make a proclamation of emergency or in simple words may declare a national emergency.[i] A national emergency declared on the grounds of war or external aggression is referred to as an External emergency and an emergency declared on the ground of armed rebellion is referred to as an Internal emergency.
However, the word satisfaction used in Article 352 does not mean the personal satisfaction of the president but the whole cabinet. In other words, a national emergency cannot be declared solely on the satisfaction of the president but only after the written recommendation by the union cabinet.[ii]
The first time an emergency proclaimed in India was during the war with China. It lasted for six long years between October 1962 to January 1968.
Approval of National Emergency
A proclamation of emergency must be approved by both houses of parliament before the expiration of the one month. A resolution approving the proclamation must be passed by a special majority, that is by the total members of each house of parliament and also by a majority of not less than 2/3rd members present and voting in each house. A proclamation of emergency once approved by parliament remains in force for a period of six months.[iii]
Revocation of National Emergency
An emergency needs to be revoked when a resolution is passed by the Lok Sabha by a simple majority disapproving its continuance. Under normal circumstances, the president can also revoke it by passing a subsequent resolution.
STATE EMERGENCY
Article 356 of the Indian constitution talks about the president’s rule or state emergency. According to Article 356, if the president upon a report from the governor is satisfied that there is a failure of constitutional machinery in the state and the government cannot be carried out according to the provisions of the constitution then he may declare the president’s rule in the state.
The word ‘satisfaction’ here does not mean the personal satisfaction of the governor but the satisfaction of the whole cabinet.
Approval of state emergency
Such a proclamation of emergency under Article 356 shall be approved by both houses of parliament. It shall remain in operation for two months. If approved by parliament before the expiry of the two months then will it shall continue for six months. An emergency can be extended for 6 months at a time but it cannot remain in force for more than a period of 3 years.
Revocation of State Emergency
Such proclamation of emergency may be revoked at any time by the president through a subsequent proclamation without the approval of the government.[iv]
FINANCIAL EMERGENCY
Under Article 360, if the president is satisfied that the financial stability or credit of India or any part of India is getting weakened or threatened, he may declare a financial emergency in the whole of India or any part of it.
Approval of Financial Emergency
Such a proclamation of emergency shall cease to remain in operation after the expiration of the two months if not approved by both houses of parliament.
Revocation of Financial Emergency
Just like national and state emergencies, a financial emergency can also be revoked by the president through a subsequent resolution.
EFFECTS OF PROCLAMATION OF EMERGENCY
Effects of National Emergency:
- When the emergency is in operation, there is a change in Centre-state relations. The executive power of the union extends and it can direct the state on any subject matter and is also empowered to make laws on subjects that are included in the state list.
- During the proclamation of emergency, the central government is empowered to alter the distribution of revenue between the union and the state.
- The tenure of Lok Sabha may be extended by one year at a time during the emergency.
- Fundamental rights guaranteed under Article 19 are suspended during the proclamation of a national emergency.
Effects of State Emergency
- During a state emergency or president’s rule in a state, the president can exercise all the powers vested in the governor.
- The president is empowered to dissolve the state legislative assembly. The powers of the state legislature may also be exercised by the parliament upon the advice of the president.
- In order to give effect to the proclamation of emergency, the president may make any necessary or desirable provisions.
Effects of Financial Emergency
- During a financial emergency, the president may provide directions to the state such as a reduction in salaries and allowances of all or any person serving in the state.
- All the money bills or financial bills are reserved for consideration by the president after they have been passed by the state legislature.[v]
CONCLUSION
The main purpose of the emergency provisions provided in the Indian constitution is to provide the central government with some special powers to deal with some extraordinary circumstances which endanger the sovereignty and integrity of India but at the same time the fact that the union becoming all-powerful, there should be proper check as to no misuse of powers by it.
Author – Neha Dulani
University five year law college, University of Rajasthan
[i] THE CONSTITUTION OF INDIA, 1950
[ii] https://www.legalserviceindia.com/legal/article-5287-emergency-provisions.html
[iii] CONSTITUTIONAL LAW OF INDIA BY J.N. PANDEY
[iv] https://blog.ipleaders.in/emergency-provisions-india-critical-analysis-2/