Omar Bennett
The Indian Constitution provides for three types of emergency provisions: National, State, and Financial. These provisions are outlined in Articles 352 to 360 of Part XVIII of the Constitution, which empower the Central Government to address critical situations effectively. During a national emergency, the President may declare an emergency when the region is under attack, experiencing external intrusion, or facing internal rebellion. State Emergency, outlined in Article 356, allows the President to declare a state of emergency upon receiving briefs by the Governor of a particular state or on their own. Finally, Financial Emergency, outlined in Article 360, allows the President to declare a financial emergency if India's financial stability or credit is threatened. While these provisions are crucial for maintaining national security and integrity, they also carry the risk of misuse and abuse of power, leading to concerns about the erosion of democratic principles.
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What You'll Learn
National Emergency
The Indian Constitution provides for three types of emergencies: National Emergency, State Emergency, and Financial Emergency. Articles 352 to 360 in Part XVIII of the Indian Constitution deal with these Emergency Provisions.
State Emergency
Article 356 deals with State Emergency, also known as 'President's Rule'. This is imposed due to the failure of the Constitutional Machinery in the States. It is invoked in cases of a breakdown of constitutional machinery in a state, allowing the Union to take over the governance of the state.
Financial Emergency
Article 360 incorporates Financial Emergency, which can be proclaimed by the President 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. A proclamation declaring financial emergency must be approved by both Houses of Parliament within two months from the date of its issue.
Impact on Fundamental Rights
The proclamation of a National Emergency impacts Fundamental Rights. Articles 358 and 359 describe the effect of a National Emergency on these rights. According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under Article 19 are suspended. Additionally, Article 21, which provides for the protection of life and personal liberty, is also suspended during a National Emergency.
Impact on Lok Sabha and State Assembly
A proclamation of National Emergency also impacts the life of the Lok Sabha and State Assembly. The life of the Lok Sabha may be extended beyond its normal term for one year at a time during a National Emergency, up to a maximum of six months after the emergency has ceased. Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly during a National Emergency, with a maximum extension of six months after the emergency ends.
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State Emergency
The Indian Constitution recognises three types of emergencies: National Emergency, State Emergency, and Financial Emergency. This answer will focus on State Emergency, also known as 'Constitutional Emergency' or 'President's Rule'.
During a State Emergency, the President can take all necessary steps, including the suspension of constitutional provisions relating to any body or authority in the state. The President can also modify the constitutional distribution of revenues between the centre and the states.
Human Rights Implications
The proclamation of any emergency in India has significant implications for human rights. While Articles 20 and 21 of the Indian Constitution, which govern individual liberty, the right to secrecy, and protection from illegitimate prosecution and detention, are maintained, all other civil rights can be suspended. This was seen in the case of Makhan Singh Vs. State of Punjab, where the suspension of Article 19 during a National Emergency was upheld.
Checks and Balances
While emergency provisions are necessary for dealing with crises, they carry the risk of misuse, as seen during the Emergency of 1975. The judiciary plays a crucial role in ensuring that these provisions are not abused and that the Constitution's spirit is upheld. The 44th Amendment to the Constitution, passed in 1978, restricted the executive's influence and introduced checks and balances, such as requiring direct communication between cabinets to declare an emergency and re-approval every six months.
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Financial Emergency
The Indian Constitution's emergency provisions are a critical component of the country's political framework, empowering the Central Government to address critical situations effectively. The three types of emergency provisions—national, state, and financial—enable the government to tackle threats to national security, financial stability, and constitutional order in some or all parts of the country.
The process of declaring a financial emergency involves the President issuing a proclamation, which must be approved by both Houses of Parliament within two months. Once approved, the financial emergency remains in effect indefinitely until revoked, without the need for repeated parliamentary approval. However, the 44th Constitutional Amendment Act of 1978 established that the President's 'satisfaction' is subject to judicial review by the Supreme Court.
While financial emergency provisions provide the Central Government with extraordinary powers to address critical financial situations, critics argue that they pose a threat to the financial autonomy of the states and the country's federal structure. Some members of the Assembly have expressed concerns about the President's broad powers, arguing that they infantilize states and that a mere 'threat to financial stability and credit' does not warrant the activation of emergency powers.
It is important to note that the declaration of a financial emergency is a serious step and has not been frequently invoked. For example, during a significant financial crisis in 1991, a financial emergency was not declared. The government must carefully consider the use of these provisions, balancing the need to address critical situations with maintaining the financial autonomy and stability of the states.
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Suspension of Fundamental Rights
The Indian Constitution is considered one of the most comprehensive in the world, encompassing a robust framework of fundamental rights. However, it also includes provisions for suspending these rights during emergencies. These provisions, outlined in Part XVIII of the Constitution (Articles 352 to 360), empower the Central Government to address critical situations effectively and maintain constitutional order.
During emergencies, the Indian Federal structure becomes fully unitary, allowing the Centre to assume expansive powers. While defending the emergency provisions, Dr B. R. Ambedkar acknowledged the potential for misuse. The rationale behind including the suspension of fundamental rights is to protect national security, prevent chaos, espionage, and other threats to the country's stability, as well as to preserve public order and safety.
The Indian Constitution provides for three types of emergency provisions: national security threats, financial stability, and constitutional order. Under Article 352, the President can declare a national emergency when India's security or a part of it is threatened by war, external aggression, or armed rebellion. This was invoked during the Indo-Pakistan War in 1971, when India supported the East Pakistani nationalists' armed resistance movement, Mukti Bahini. The right to freedom of speech, assembly, and movement were suspended, and the press was heavily censored.
Additionally, Article 355 imposes a duty on the Centre to ensure that each state's government is carried out according to the Constitution. If a state deviates from constitutional procedures, Article 356 allows the President to impose their rule on that state, as seen in Jammu and Kashmir in 2019. While this doesn't automatically suspend fundamental rights, it grants the Central Government the power to suspend state government provisions to restore order.
Financial emergencies are addressed under Article 360, where the President can proclaim such an emergency if they believe the country's financial stability or credit is threatened. This provision was curbed by the 44th Amendment Act of 1978, which established that the President's satisfaction is subject to judicial review.
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Presidential Rule
The Indian Constitution provides for three types of emergency provisions: National, Financial, and Constitutional Order. These provisions enable the Central Government to meet any abnormal situation effectively and empower it to take swift and decisive action to safeguard the security, integrity, and sovereignty of the country. During an Emergency, the federal structure of the government transforms into a unitary one, with the Central government becoming all-powerful and the States going into total control of the Centre.
President's Rule is a period of direct Central government rule imposed on a state or Union territory. It is governed by Article 356 of the Indian Constitution and can be imposed when a state government fails to comply with the Constitution or acts in a way that threatens the country's unity and integrity. The Central government takes control of the state, with the Governor becoming its constitutional head. The Vidhan Sabha, the directly elected legislative assembly, is either dissolved or prorogued, and the council of ministers, led by the Chief Minister, is dissolved.
The imposition of President's Rule is recommended by the Governor of the state and is done by the President of India, who can revoke it at any time without the approval of Parliament. The rule can be extended beyond a year with a gap of six months in between, but only in two scenarios: when elections cannot be conducted in the state, or when a national emergency has been implemented in the state or country.
President's Rule was first imposed in Punjab in 1951 due to infighting in the Indian National Congress and lasted until 1952. It has been criticised for its potential for misuse, with the Administrative Reforms Commission (1968) recommending that the Governor ensure responsible actions in states where it is imposed.
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Frequently asked questions
A National Emergency in India refers to a period when the security of the nation is under severe threat. It empowers the Central Government to take swift and decisive action to safeguard the security, integrity, and sovereignty of the country.
The Emergency Provisions in the Indian Constitution are a set of special measures that grant the Union Government extraordinary powers to address critical situations effectively. They are seen as a crucial mechanism for maintaining constitutional order in the country.
Articles 352 to 354 and 360 in Part XVIII of the Indian Constitution deal with Emergency Provisions. While Article 352 enables the President to declare a National Emergency, Article 360 empowers the President to proclaim a Financial Emergency if India's financial stability or credit is threatened.
