EMERGENCY PROVISIONS
1. Constitutional Provisions
- Constitutional provisions related to emergencies are essential in any democratic system to ensure the stability and integrity of the nation during times of crisis.
- In India, emergency provisions are outlined in Part XVIII (Articles 352 to 360) of the Constitution.
- These provisions empower the President to declare three types of emergencies: national emergency, state emergency (President's Rule), and financial emergency.
2. Important Articles
- Article 352: Emergency due to war, external aggression, or armed rebellion
- Article 356: Emergency due to the failure of the constitutional machinery in the states (President’s Rule)
- Article 360: Financial emergency due to threat to financial stability or credit of India
- External Emergency: Declared on the ground of ‘war’ or ‘external aggression’.
- Internal Emergency: Declared on the ground of ‘armed rebellion’.
3. National Emergency (Article 352):
- National emergency can be declared when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion.
- The President can declare a national emergency only on the written advice of the Prime Minister or the Union Cabinet.
- Once declared, the President can assume extraordinary powers, and fundamental rights under Articles 19 and 21 can be suspended. The federal system may be altered, and the Parliament can legislate on subjects within the state list.
- The emergency must be approved by both Houses of Parliament within one month, and its continuance requires parliamentary approval every six months.
State Emergency (Article 356):
- Also known as President's Rule, a state emergency can be declared when there is a failure of the constitutional machinery in a state, and the Governor's report confirms it.
- The President can assume the powers of the state government and dissolve the state legislative assembly.
- A state emergency can last for a maximum of three years, but it requires parliamentary approval every six months.
- During President's Rule, the President's rule by executive action under Article 356 is in force, and the Governor acts as the President's agent in the state.
Financial Emergency (Article 360)
- A financial emergency can be declared when the financial stability or credit of India or any part thereof is threatened.
- The President can proclaim a financial emergency on the written advice of the Union Cabinet.
- During a financial emergency, the President can reduce the salaries of government officials, including judges of the Supreme Court and High Courts.
- Similar to a national emergency, a financial emergency also requires parliamentary approval within two months, and its continuance necessitates parliamentary approval every six months.
4. Effect of Imposition of National Emergency
The imposition of a National Emergency in India has significant implications for the functioning of the country's democratic system, governance, and individual rights. The effect of the imposition of a National Emergency can be summarized as follows:
- Suspension of Fundamental Rights: One of the most significant effects of a National Emergency is the suspension of certain fundamental rights guaranteed by the Constitution under Article 19 and Article 21. These rights, including freedom of speech and expression, assembly, movement, and the right to life and personal liberty, can be curtailed during the emergency period. This allows the government to take exceptional measures to address the emergency situation effectively.
- Centralization of Power: The imposition of a National Emergency grants the central government extensive powers to deal with the crisis effectively. The Union government can take over the executive and legislative functions of the states and assume control over various aspects of governance, altering the federal structure temporarily.
- Legislative Authority: During the emergency, the Parliament can make laws on subjects that fall under the state list, thereby bypassing the state governments. This empowers the Union government to enact legislation to deal with the emergency situation comprehensively.
- Judicial Review: The declaration of a National Emergency is subject to judicial review. The Supreme Court can examine the validity of the emergency proclamation and its continuation. However, historically, the court has been reluctant to interfere in matters of emergency declarations, showing deference to the executive.
- Impact on Media and Press Freedom: During a National Emergency, the government often exercises strict control over media and press freedom to prevent the spread of information that may be deemed against the emergency situation. Censorship and restrictions on media freedom may be imposed to control the narrative.
- Suspension of Elections: The imposition of a National Emergency can lead to the suspension of the conduct of elections, including those for the Lok Sabha and state legislative assemblies. This can affect the democratic representation of the people during the emergency period.
Effect of Imposition of President's Rule
The imposition of the President's Rule, also known as Central Rule or Governor's Rule in certain cases, has significant implications on the governance and administration of a state in India. President's Rule is imposed under Article 356 of the Indian Constitution when there is a failure of the constitutional machinery in a state, either due to the inability of the state government to function as per the Constitution or due to a situation of emergency arising in the state. The effects of the imposition of the President's Rule are as follows:
- Suspension of State Government: When President's Rule is imposed, the elected state government is dismissed, and the Governor of the state assumes all executive powers on behalf of the President. The Chief Minister and Council of Ministers cease to hold office during this period.
- Central Government Control: The President's Rule leads to the direct control of the central government over the administration of the state. The Governor acts on the advice of the Union Council of Ministers, and the state is effectively governed by the President through the Governor.
- Legislative Authority: The state legislature is either dissolved or suspended during President's Rule. The Parliament assumes the role of the state legislature, and the central government can make laws on all subjects in the state list.
- Role of Governor: The Governor becomes the head of the state during President's Rule, and all executive decisions are taken by the Governor on the advice of the Union Council of Ministers.
- Impact on Local Administration: The state bureaucracy and administrative machinery continue to function under the Governor's control. However, the Governor often exercises authority in consultation with the central government, which may impact local decision-making.
- Duration and Extension: President's Rule is initially imposed for six months. However, it can be extended in six-month increments for a maximum period of three years. Beyond three years, it requires the approval of both Houses of Parliament.
Effects of Financial Emergency
- Article- 360 more or less follows the pattern of what is called the National Recovery Act of the United States passed in 1933.
- In India, no Financial Emergency has been declared so far, though there was a financial crisis in 1991.
- The executive authority of the Centre extends to directing any state to observe such canons of financial propriety as are specified by it.
- President Can Direct: The reduction of salaries and allowances of all or any class of persons serving the state or union and the judges of the Supreme Court and high court.
Reservation of all money bills or other financial bills for the consideration of the President after they are passed by the state legislatures.
