Emergency Provisions In The Indian Constitution

The Indian constitution has emergency provisions that help protect the security and stability of the country during dreadful situations.

After the declaration of emergency, several changes in power distribution can be witnessed, for example, the central government gets special powers and becomes superior to the state government. The central government, in view of national security, may limit and curtail the basic and fundamental rights of the citizens during such a period.

Furthermore, it can also make administrative, law, and order, as well as financial decisions on behalf of the state government.

However, many people are not aware of such emergency provision in the Indian constitution. Don’t worry!

This blog post will discuss in detail the various types of emergency provisions and their effects. So, let’s dive in!

Emergency Provisions In The Indian Constitution: Overview

Emergency provision is the feature of the Indian constitution that grants the union government special powers to respond during critical situations. Thus the Indian constitution enumerates emergency measures in its Article 352-360. Let us now understand that there are three types of national emergencies, i.e, National emergency, State emergency, and Financial emergency. Before we deal more with these types, let’s go through the provisions first!

Provisions Related To Emergency In Indian Constitution

Article 352: Declaration of national emergency during war, external aggression and armed rebellion

Article 353: The central government gives directions to the state on how to exercise executive powers

Article 354: Modification of revenue and reduction of state's share in central taxes

Article 355: Duty of union government to protect the country from internal and external threats

Article 356: Conditions for Imposition of President's Rule

Article 357-359 : Legislative Powers and Suspension of Fundamental Rights

Article 360: Conditions for declaring a financial Emergency

Types Of Emergencies In Indian Constitution

1. National Emergency

National emergency is declared when the country faces external threats like- war, external aggression, or armed rebellion. National emergency is explained in Article 352 of the Indian constitution, and such an emergency consists of two parts- External emergency and Internal emergency. In case the Lok Sabha is dissolved, the Rajayasabha must approve the proclamation till the new Lok Sabha is formed. Within one month from the reconstitution of the Lok Sabha, the proclamation of emergency shall receive the approval of a special majority. The emergency runs for 6 months and may be indefinitely prolonged with the sanction of Parliament after every 6 months. National Emergency could be rescinded by the President at any time by a subsequent proclamation. A declaration of national emergency by the President requires a written recommendation from the cabinet.

2. President's Rule or State Emergency

Article 356 grants the President the power to invoke President's rule based on the report of the governor. President's rule is invoked when the state government breaks down due to constitutional crisis or is crippled by political agitation, law and order, or violence and riots. Generally, the presidential term lasts for six months. It can be extended by parliamentary approval every six months for a maximum of three years.

3. Financial Emergency

The provision of financial emergency is defined in Article 360 of the Indian constitution, which the President can impose during extreme economic crisis periods. The proclamation needs to get approval from both houses of Parliament within two months to declare bankruptcy. But, if such a financial emergency is declared during the period the Lok Sabha stands dissolved or if the Lok Sabha stands dissolved within two months thereof, then it shall continue to exist for 30 days from the date of first session of the new Lok Sabha subject to the appropriation by the Parliament. There is no time limit for financial emergencies. Apart from this, repeated approval from Parliament is not needed to continue the emergency. Along with further proclamation, the President can lift the final emergency anytime.

Effect Of Emergency Provisions

The Effect of Emergency Provisions in a constitution empowers the government to take swift action during crises, ensuring national security and public order. These provisions can lead to temporary suspension of certain rights, centralizing authority to address urgent threats effectively.

Impact of National Emergency

• During a national emergency, the executive powers of the state get transferred to the central government. This weakens the autonomy of the state government and increases the executive powers of the central government.
• The union legislature can formulate laws on behalf of the state government, thus decreasing the legislative powers of the state government.
• After the proclamation of national emergency, the life of Lok sabha may be extended to six years instead of its regular term of five years. Alongside, Lok Sabha elections can be adjourned too. Similarly, after the proclamation of emergency, the term of the state legislative assembly can be extended to six years instead of its regular term of five years.
• The central government can restrict fundamental rights after the declaration of a national emergency. Fundamental rights cannot be abolished entirely, but their effectiveness can be limited. For example, during a state of emergency, freedom of language and speech may be restricted. Also, special powers of arrest may be granted.

Impact of State Emergency

• The state Assembly can be dissolved or suspended and may need help to pass laws and make decisions.
• The chief minister and the cabinet can be abolished, and the power is entirely transferred to the central government.
• In the absence of the Prime Minister and Cabinet, the state governor will become the administrative head. During a presidential administration, legislative authority over state affairs is transferred from the state legislature to the Parliament.
• Parliament can delegate legislative power to the President, and the President can issue orders on specific government matters.

Impact of Financial Emergency

• The central government gets the power to issue financial orders to the states.
• States lose a part of their financial autonomy and follow central financial instructions
• State governments may be forced to cut the salaries of their employees.
• Financial power gets centralized in the federal structure.
• Economic instability can affect growth and stability.
• Public spending and salary cuts affect social welfare.

Conclusion

In conclusion, the emergency provisions are vital elements of the Indian constitutional framework, allowing the Central Government to respond effectively during crises. When constitutional machinery fails, these provisions safeguard national security and integrity by granting the Central Government special powers, ensuring stability and order in challenging times.