Simone Lawson
The Indian Constitution provides for three types of emergencies: National, State, and Financial. These emergency provisions are a vital component of the country's political framework, empowering the Central Government to address critical situations effectively. During an emergency, the President of India, advised by the Council of Ministers, can suspend or restrict certain Fundamental Rights guaranteed by the Constitution to protect the country's security, stability, or financial integrity. This unique feature of the Indian Constitution allows for flexibility in governance during crises, but it has also been criticised for potentially enabling authoritarian rule.
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What You'll Learn
National Emergency
The Indian Constitution provides for three types of emergencies: National Emergency, President's Rule (also known as State Emergency or Constitutional Emergency), and Financial Emergency. This answer will focus on National Emergency.
The process of declaring a National Emergency involves the President issuing a proclamation based on specific grounds, such as external aggression or armed rebellion. This proclamation must be approved by both Houses of Parliament within one month of its declaration; otherwise, it will expire. If approved, the National Emergency continues for six months and can be extended indefinitely with Parliament's approval every six months.
During a National Emergency, the Central Government's powers are significantly enhanced, allowing it to address perceived threats to the nation. While some constitutional rights and freedoms of individuals may be curtailed, it is important to note that not all Fundamental Rights are suspended. For example, the Right to Life and Personal Liberty cannot be suspended, according to the original Constitution.
The National Emergency provision in the Indian Constitution is designed to safeguard the country's sovereignty, unity, integrity, and security. It is a unique feature that allows for a transformation from a federal to a unitary government during critical times. This provision ensures that the government can take necessary actions to protect the democratic political system and the Constitution.
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State Emergency
The Indian Constitution provides for three types of emergencies: National, State, and Financial. A State Emergency, also known as 'President's Rule' or 'Constitutional Emergency', is imposed when there is a failure of the Constitutional Machinery in the States.
A State Emergency can be declared in any state of India under Article 356 on the recommendation of the governor of the state. If the President is satisfied, based on the report of the Governor of the concerned state or other sources, that the governance in a state cannot be carried out according to the provisions in the Constitution, the governor may declare an emergency in the state. Such an emergency must be approved by Parliament within two months and is imposed for an initial period of six months, which can be extended indefinitely by further resolutions in six-monthly increments.
During a State Emergency, the federal structure of the government is converted into a unitary one without a formal amendment to the Constitution. The Central government becomes all-powerful, and the States go into total control of the Centre. The powers of the state are dissolved, and the Central government takes over.
The most notable State Emergency in India's history occurred in 1975 when Prime Minister Indira Gandhi requested President Fakhruddin Ali Ahmed to proclaim a state of emergency. This was done on the basis of internal disturbances and imminent danger to the security of India. Within three hours of the proclamation, the electricity to all major newspapers was cut, and the political opposition was arrested. The emergency lasted from June 25, 1975, to March 21, 1977, and is remembered as a dark period in Indian history.
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Financial Emergency
The Indian Constitution provides for three types of emergencies: National Emergency, President's Rule, and Financial Emergency. This answer will focus on the third type, Financial Emergency.
A Financial Emergency in India is a period when the financial stability or credit of the country or any part of its territory is threatened. It is a situation where the fiscal autonomy of the States may be temporarily curtailed, and the financial powers of the Central Government are significantly enhanced to address the perceived economic crisis. The President of India is the only person who can declare a Financial Emergency in India. According to Article 360 of the Indian Constitution, the President can proclaim a Financial Emergency if satisfied that a situation has arisen that threatens the financial stability or credit of India or any part of its territory. This proclamation of Financial Emergency must be approved by both Houses of Parliament within two months of its issue. However, if the Lok Sabha has been dissolved or is dissolved within the two months without approving the proclamation, the proclamation survives until 30 days from the first sitting of the newly constituted Lok Sabha, provided the Rajya Sabha has approved it in the meantime. Once approved by both Houses, a Financial Emergency continues indefinitely until revoked. There is no maximum period prescribed for the operation of a Financial Emergency, and repeated parliamentary approval is not required for its continuation.
The Central Government gets more power in financial matters over the State Government when a financial emergency is imposed. This can be a threat to the financial dominance of the state, which goes against the federal character of India. It can also lead to the President's dictatorship. However, the provision for declaring a Financial Emergency is crucial for the Central Government to address any severe economic crisis or financial instability effectively. It is largely seen as an important safeguard to protect the country's financial security, fiscal stability, and overall economic interests.
To date, a Financial Emergency has never been imposed in India. For example, in 1991, a serious financial crisis arose, but a Financial Emergency was not declared. Instead, the situation was tackled by restructuring and depreciating the Indian Rupee. Similarly, during the COVID-19 pandemic, a writ petition demanding the declaration of a Financial Emergency was rejected because the President was not convinced of the need to impose one.
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Suspension of Fundamental Rights
The Indian Constitution is considered one of the most comprehensive constitutions globally, encompassing a robust framework of fundamental rights. However, it also includes provisions for suspending these rights under extraordinary circumstances. These provisions enable the Central Government to meet any abnormal situation effectively. The rationale behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution.
The Constitution of India defines three different kinds of emergencies: National, Financial, and President's Rule (or State/Constitutional Emergency). During a National Emergency, imposed due to war, external aggression, or armed rebellion, the President may proclaim a state of emergency under Article 352. A Financial Emergency is imposed due to a threat to the financial stability or credit of India. President's Rule is imposed when the Constitutional Machinery in the States fails.
Fundamental rights are not entirely suspended during a National Emergency but can be suspended by the President under Article 359. The right to move the court for the enforcement of a fundamental right, for example, cannot be suspended with respect to the fundamental right to life and liberty. Similarly, the right to liberty is strengthened by the provision that a law for preventive detention cannot be authorised.
The suspension of fundamental rights during an emergency is taken from the Weimar Constitution of Germany. Article 48 of the Weimar Constitution gave the President the power to impose an emergency, including the right to suspend civil rights and rule by decree. The rationale behind the suspension of fundamental rights during an emergency is to protect national security, prevent unnecessary chaos, espionage, and other activities that could jeopardise the country's stability, and preserve public order and safety.
Throughout its history, India has witnessed three instances of national emergency: during the Indo-China War in 1962, the Indo-Pakistan War in 1971, and the Internal Emergency from 1975 to 1977. All these emergencies led to the suspension of certain fundamental rights and amendments to the constitutional framework.
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Transformation of Political System
The Indian Constitution provides for three types of emergencies: National Emergency, President's Rule, and Financial Emergency. During an emergency, the Central Government becomes all-powerful, and the States go into total control of the Centre. This transforms the political system from a federal structure to a unitary one, without a formal amendment of the Constitution. This transformation is a unique feature of the Indian Constitution.
The Indian Constitution, the lengthiest in the world, is derived from various other constitutions. It is based on a dual polity system, consisting of a central authority and states at the periphery. The Constitution defines the organisational powers and limitations of both central and state governments. It is well-recognised and considered supreme, with the laws of the nation conforming to it. The Constitution also sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement.
The Government of India is modelled after the Westminster system. The Union Government, also called the Central Government, is composed of the executive, the legislature, and the judiciary. Powers are vested by the Constitution in the Prime Minister, Parliament, and the Supreme Court, respectively. The President of India is the head of state and the commander-in-chief of the Indian Armed Forces, while the elected Prime Minister acts as the head of the executive and is responsible for running the Union Government.
The Constitution provides for a bicameral legislature consisting of an upper house, the Rajya Sabha (Council of States), which represents the states of the Indian federation, and a lower house, the Lok Sabha (House of the People), which represents the people of India as a whole. Members of the Lok Sabha are elected through a first-past-the-post general election, held every five years. State representatives are indirectly elected to the Rajya Sabha on staggered six-year terms, with elections taking place every two years for one-third of the seats.
In recent decades, Indian politics has become a dynastic affair, with party stability, the absence of party organisations, and centralised financing of elections all playing a role. The trajectory of Indian democracy has become more uncertain, with key democratic institutions proving brittle. Opponents and critical journalists have faced harassment, prosecution, and surveillance, restricting critical voices. Election campaign finance laws have become more opaque, allowing for unlimited anonymous donations and undermining the integrity of elections. Religious division and resentment have intensified, challenging the constitutional right to religious freedom and the rule of law.
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Frequently asked questions
An emergency in the Indian Constitution is a designated period of rule that the President of India can declare in response to specific crisis scenarios.
There are three types of emergencies: National Emergency, State Emergency, and Financial Emergency.
A National Emergency occurs when the country is in a state of war, is under a threat of external aggression, or is facing armed rebellion.
A State Emergency, also known as President's Rule, is imposed when there is a failure of the Constitutional Machinery in the States.
A Financial Emergency is imposed when there is a threat to the financial stability or credit of India.
