Omar Bennett
The Indian Constitution outlines three types of emergency provisions: national, state, and financial. These provisions empower the government with special powers to address critical situations, such as war, rebellion, or other crises that threaten the nation's stability, security, or sovereignty. The proclamation of a national emergency, covered under Article 352, is a crucial tool for the Central Government to respond swiftly and decisively to abnormal situations. It allows the government to take necessary measures by granting it vast powers to suspend fundamental rights and freedoms of individuals. However, critics caution against the potential abuse of power and the erosion of democratic principles, fundamental rights, and federalism.
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What You'll Learn
The President's powers during a national emergency
The President of India has the power to declare a National Emergency under Article 352 of the Indian Constitution when the security of India or a part of it is threatened by war, external aggression, or armed rebellion. The President may declare a national emergency even before the occurrence of the actual threat if they believe there is an imminent danger to the country. The President can also issue different proclamations, whether or not there is a proclamation already issued, and such a proclamation can apply to the entire country or only a part of it.
The declaration of a National Emergency grants the Executive significant powers to suspend fundamental rights, allowing the government to take necessary measures to address the crisis effectively. The six fundamental rights under Article 19 are automatically suspended when a proclamation of national emergency is made on the grounds of war and external aggression. If the emergency is declared on the grounds of internal rebellion, the fundamental rights are not automatically suspended. However, the President is authorized to suspend the right to petition any court for the enforcement of fundamental rights.
The proclamation of a National Emergency must be laid before each House of Parliament and can be revoked or extended through parliamentary approval. It should be noted that the declaration of emergency by the President is non-justiciable. Within one month after the proclamation of a National Emergency, it must be ratified by both houses of Parliament. If the Lok Sabha is not in session or has been dissolved before the expiry of one month after the proclamation, the proclamation must be approved within 30 days by both houses of Parliament.
The Emergency Provisions in the Indian Constitution reflect a delicate balance between the need for effective crisis management and the preservation of democratic principles. While proponents argue that these provisions are necessary to secure national interests and maintain constitutional order, critics caution against the potential for abuse and the erosion of federalism, fundamental rights, and democratic institutions. The judicious and transparent application of these provisions, along with robust checks and balances, is crucial in upholding the country's constitutional values and democratic foundations.
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The impact of a national emergency on fundamental rights
The Indian Constitution envisages three types of emergencies: national, state, and financial. A national emergency can be declared on the grounds of "external aggression or war", also known as an external emergency, and on the ground of "armed rebellion", also known as an internal emergency.
Article 358 of the Constitution states that the six fundamental rights under Article 19 are immediately suspended when a proclamation of national emergency is made on the grounds of war and external aggression. Their suspension does not require a separate President's order. If the emergency is declared on the grounds of internal rebellion, the fundamental rights are not suspended automatically. Any law made or any executive action abridging the six fundamental rights is immune from judicial review. However, no remedy can be sought, even after the emergency ends, for any law or action taken to abridge the six fundamental rights.
Article 359 of the Constitution states that the President is authorized to suspend the right to petition any court for the enforcement of fundamental rights. This means that citizens cannot seek legal remedies to enforce their fundamental rights during a national emergency.
The declaration of a national emergency has a significant impact on the political structure of the government. The centre's executive authority extends to advising any state on how to exercise its executive authority. The parliament also has the authority to enact laws on any item included in the state list, effectively bringing the state governments under the total supervision of the federal government.
The suspension of fundamental rights during a national emergency can have far-reaching consequences for citizens. It allows the government to take actions that may infringe on citizens' liberties and freedoms, such as the imprisonment of political opponents and the censorship of the press, as seen during the Emergency period from 1975 to 1977.
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The process of declaring a national emergency
The President can declare a National Emergency under Article 352 when the security of India or a part of it is threatened by war, external aggression, or armed rebellion. The President may declare a national emergency even before the occurrence of the actual threat if satisfied that the safety of India or a part of it is threatened. This proclamation of emergency should be laid before each house of parliament and must be approved with a special majority within one month. The proclamation expires after one month unless approved within that time by both houses sitting and voting separately.
The six fundamental rights under Article 19 are automatically suspended when a proclamation of national emergency is made on the grounds of war and external aggression. If the emergency is declared due to internal rebellion, the fundamental rights are not automatically suspended. The President is authorised to suspend the right to petition any court for the enforcement of fundamental rights.
The three types of emergencies are:
- National Emergency: Imposed due to war, external aggression, or armed rebellion.
- State Emergency: Imposed due to the failure of the constitutional machinery in the states.
- Financial Emergency: Imposed due to a threat to the financial stability or credit of India.
The Emergency declared in India from 25 June 1975 to 21 March 1977 was issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution. It was based on the rationale that there were imminent internal and external threats to the Indian state. This allowed elections to be cancelled and civil liberties to be suspended.
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The role of Parliament during a national emergency
The Indian Constitution envisages three types of emergencies: national, state, and financial. A national emergency can be declared on the grounds of "external aggression or war", also known as an External Emergency, and on the ground of "armed rebellion", also known as an Internal Emergency.
During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. While the legislative power of a state legislature is not technically suspended, it becomes subject to the overriding power of the Parliament. The laws made by Parliament on state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate. While a proclamation of national emergency is in operation, the President can issue ordinances on state subjects if Parliament is not in session. The President can also modify the constitutional distribution of revenues between the centre and the states.
A national emergency modifies the quasi-federal system of government to a unitary one by granting Parliament the power to make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). All state money bills are referred to the Parliament for its approval. During an emergency, the term of the Lok Sabha can be successively extended by intervals of up to one year, but not beyond six months after the state of emergency has been revoked.
When a proclamation of national emergency is made under Article 358 on the grounds of war and external aggression, the six fundamental rights under Article 19 are automatically suspended. Their suspension does not require a separate President’s order. If the emergency is declared on the grounds of internal rebellion, the fundamental rights are not suspended automatically. However, any law made or any executive action abridging the six fundamental rights is immune from judicial review. During a national emergency, the President is authorized to suspend the right to petition any court for the enforcement of fundamental rights.
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Historical examples of national emergencies in India
India's constitution allows the president to declare three types of emergencies: national, state, and financial. A national emergency can be declared on the basis of "external aggression or war" and "internal disturbance" across the whole of India or a part of its territory.
1962: The First National Emergency
The first national emergency was declared on October 26, 1962, during the Sino-Indian War with China, on the basis of "external aggression". Even though a ceasefire was declared a month later, the emergency was not revoked until January 1968.
1965: The First National Emergency Continues
The first national emergency was still in force when the Indo-Pak War broke out in 1965. The emergency was eventually lifted in January 1968.
1971: The Second National Emergency
The second national emergency was imposed on December 3, 1971, during the Bangladesh Liberation War, in which India was a significant player. Although the hostilities ended within a couple of weeks, the emergency was not revoked.
1975-1977: The Third National Emergency
The third national emergency was imposed on June 25, 1975 and ended on March 21, 1977. It was declared due to "internal disturbance" and political instability, with widespread criticism of Indira Gandhi's government. This period, known as "The Emergency", witnessed the curtailment of civil liberties, arrests of Gandhi's political opponents, censorship of the press, forced sterilizations, and a crackdown on trade unions and workers' rights.
During this time, Gandhi's government passed laws that were used to target and arrest political opponents, including the Maintenance of Internal Security Act (MISA) in 1971 and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act in 1974. The government also renewed and expanded the Defence of India rules.
The Emergency ended in March 1977 when Indira Gandhi and her party were defeated by the Janata Party in a general election. The Janata Party secured 298 seats in the Lok Sabha, while the ruling Indian National Congress won only 154 seats. Morarji Desai, of the Janata Party, became the first non-Congress Prime Minister of India.
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Frequently asked questions
A national emergency in the Indian Constitution is a period when the security of the nation is severely threatened. It is a period when the constitutional rights and freedoms of individuals may be curtailed, and the powers of the central government are significantly enhanced to address perceived threats to the nation.
There are three types of emergencies in the Indian Constitution: National Emergency, State Emergency, and Financial Emergency.
A National Emergency is declared when the security of India is threatened by war, external aggression, or armed rebellion. The President can declare a National Emergency even before the actual occurrence of any of these threats if satisfied that there is an imminent danger to the country.
The President can declare a National Emergency and issue proclamations. The proclamation of a National Emergency must be laid before each House of Parliament and can be revoked or extended through parliamentary approval.
During a National Emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under the Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended, according to the original Constitution.
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