Emergency Provisions
Three different categories:
- National Emergency – due to war, external aggression or armed rebellion (Article 352)
- State Emergency – due to the failure of constitutional Machinery in state (Article 356)
- Financial Emergency (Article 360)
Failure of constitutional Machinery in State – Article 356
State Emergency
- This is popularly known as ‘President’s Rule’.
- Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
- Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.
- Parliamentary approval and duration: A proclamation imposing the president’s rule must be approved by both the houses of parliament within two months from the date of its issue.
- Consequences of the President’s rule: The President acquires the following extraordinary powers when the President’s rule is imposed in a state:
- He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
- He can declare that the powers of the state legislature are to be exercised by the parliament.
- He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.
- The president cannot, however assume to himself any of the powers vested in High court or suspend the operation of any provision of the constitution relating to the High court.
- Scope of judicial review: The 38th Amendment act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which would not be challenged in any court on any ground.
- But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.
Article 365
Effect of failure to comply with, or to give effect to, directions given by the Union.
- this article can validly be invoked only if-
- any direction is given by the union in the valid exercise of its power under any of the provision of the constitution and
- such direction has not been complied with or given effect to by the state.
- The word “ it shall be lawful for the ‘president to hold’ occurring in Article 365 do not impose an obligation.
- It is a matter of discretion with the president.
- The president should exercise this drastic power in a reasonable manner with due care and circumspection and not Mechanically.
Thus Article 365 acts as screen to prevent any hasty resort to the drastic action under Article 356 in the event of failure on the part of a state government to comply with or to give effect to any constitutional direction given in the exercise of the executive power of the union.
Use of article 356
Year | Number of Times invoked |
---|---|
1950 and 1954 | 3 |
1965 and 1969 | 9 |
1975-1987 | 21 |
<aside> 👉🏽
What are Emergency Provisions?
- These provisions enable the Central government to meet any abnormal situation effectively.
- Emergency Provisions in Indian Constitution are taken from Government of India Act 1935.
- However, suspension of Fundamental Rights during emergency is taken from Weimer (German) Constitution.
- The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
- The Constitution stipulates three types of emergencies:
- National Emergency
- Constitutional Emergency
- Financial Emergency
What is a National Emergency?
- National emergency can be declared on the basis of war, external aggression or armed rebellion. The Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.
- Grounds of declaration:
- Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
- The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression
- When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
- On the other hand, when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’.
- This term ‘armed rebellion’ is inserted from the 44th amendment. Before this term it was known as internal disturbance.
What is a Financial Emergency?
- Grounds of declaration: Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
What is the impact of Emergencies on Fundamental Rights?
- Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights. These two provisions are explained below:
- Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under Article 19 are automatically suspended.
- Suspension of other Fundamental Rights: Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency.
- However it should be noted that Fundamental Rights are not affected during President’s Rule and Financial Emergency. </aside>