Emergency Provisions in India Notes for UPSC: National Emergency (Article 352), President's Rule (Article 356), Financial Emergency (Article 360), Bommai Case and the Emergency of 1975

The Constitution of India gives the Centre special powers in a crisis. Part XVIII (Articles 352 to 360) provides for three types of emergencies: the National Emergency (Article 352), the State Emergency or President's Rule (Article 356) and the Financial Emergency (Article 360). The topic is a regular feature of the UPSC Prelims, because it combines facts (articles, time limits, majorities) with landmark cases like S.R. Bommai and the events of 1975. The Mains also asks on the misuse of Article 356 and the safeguards against it. These notes explain every type of the emergency, the procedure, the effects on the federal structure and the Fundamental Rights, the judgments and the reforms, in simple language, with comparative tables for quick revision.

Why Emergency Provisions Matter in UPSC

This chapter shows how the Indian federalism works in an unusual time: normally the system is federal, but in an emergency it can become unitary. It also links to the history of the Emergency of 1975 and to the Fundamental Rights, the Centre-State relations and the role of the Governor. Revise it with the notes on Centre-State Relations and Emergency Provisions, Fundamental Rights and State Government.

The Three Emergencies at a Glance

National Emergency (Article 352)

Grounds. The President can declare a National Emergency when the security of India or a part of it is threatened by war, external aggression or armed rebellion. The words "armed rebellion" replaced the earlier ground of "internal disturbance" by the 44th Amendment (1978), to prevent the misuse seen during the Emergency of 1975. The President can declare it before the actual occurrence if he is satisfied that there is an imminent danger.

Procedure and safeguards. The proclamation must be based on the written recommendation of the Union Cabinet. It must be approved by both Houses of Parliament within one month by a special majority (a majority of the total membership and two-thirds of the members present and voting). It lasts for six months and can be extended by six months at a time with the same approval. The Lok Sabha can revoke it by passing a resolution by a simple majority, and if one-tenth of the members give a written notice, a special sitting must be held within 14 days to consider the revocation. The President must revoke it when the Lok Sabha passes such a resolution.

Effects.

• On the Centre-State relations: Parliament gets the power to legislate on the State List, the executive power of the Centre extends to the directions to the states on any matter, and the financial distribution can be modified by the President.
• On the Lok Sabha and the state assemblies: The life of the Lok Sabha can be extended for a year at a time, up to a maximum of six months after the emergency ends.
• On the Fundamental Rights: The rights under Article 19 are suspended automatically when the emergency is declared on the ground of war or external aggression (Article 358). The President can suspend the enforcement of other Fundamental Rights through the courts (Article 359), except Articles 20 and 21, which were protected by the 44th Amendment.

The Emergency of 1975

The most controversial emergency was proclaimed on 25 June 1975 by President Fakhruddin Ali Ahmed on the advice of the Prime Minister Indira Gandhi, on the ground of "internal disturbance", after the Allahabad High Court's judgment against her election and the JP movement. It lasted until 21 March 1977. Opposition leaders were arrested, the press was censored, and the 38th, 39th and 42nd Amendments reduced the powers of the courts. In ADM Jabalpur v. Shivkant Shukla (1976), the Supreme Court held that the right to move the court was suspended during the emergency, a decision that was later widely criticised and was effectively set aside by the Supreme Court in the Puttaswamy judgment (2017). After the Janata Party came to power in 1977, the 44th Amendment brought the safeguards.

State Emergency or President's Rule (Article 356)

Grounds. If the President is satisfied, on the report of the Governor or otherwise, that the government of a state cannot be carried on according to the Constitution, he can proclaim the President's Rule. Article 355 puts a duty on the Union to protect every state against the external aggression and the internal disturbance and to ensure that the state government works according to the Constitution. Article 365 says that the failure of a state to comply with the Union's directions can be treated as a breakdown of the constitutional machinery.

Procedure and duration. Parliament must approve it within two months by a simple majority. It is valid for six months and can be extended up to a maximum of three years, with the approval of Parliament every six months. After one year, the extension is possible only if a National Emergency is in operation in the country or the Election Commission certifies that the elections cannot be held. During the President's Rule, the President takes over the functions of the state government and the Governor acts on his behalf, the state legislature is either suspended or dissolved, and Parliament makes the laws for the state.

S.R. Bommai v. Union of India (1994)

This is the most important judgment on Article 356. The Supreme Court held that the proclamation is subject to judicial review, and the courts can check if there was a relevant material. It said that the dissolution of the Assembly before the approval of Parliament should not be done, that the strength of the ministry should be tested on the floor of the House and not in the Governor's opinion, and that the secularism is a part of the basic structure. The judgment has greatly reduced the arbitrary use of the Article. The Sarkaria Commission (1988) and the Punchhi Commission (2010) also suggested that Article 356 should be used as a last resort.

Financial Emergency (Article 360)

The President can declare a Financial Emergency if he is satisfied that the financial stability or the credit of India or of any part of it is threatened. It must be approved by both Houses within two months. During this period, the Centre can direct the states to observe the financial principles, and the President can direct the reduction of the salaries and allowances of all or any class of persons serving in the Union and the states, including the judges of the Supreme Court and the High Courts, and can require the money bills of the states to be reserved for his consideration. It has never been declared in India.

Misuse and Reforms

• Article 356 was used frequently in the 1960s to the 1990s, often to dismiss the opposition governments. The 42nd and 44th Amendments and the Bommai judgment tightened the safeguards.
• The Sarkaria Commission recommended that the emergency should be used only after all the options are exhausted, and that the state should be warned.
• The use of Governor's reports on political grounds and the delay in calling the floor test continue to be debated, and recent Supreme Court judgments stress the constitutional duty of the Governor to follow the democratic process.

Previous-Year Style Practice

• Which amendment replaced the words 'internal disturbance' with 'armed rebellion'? Answer: The 44th Amendment.
• Which fundamental rights cannot be suspended during an emergency? Answer: The rights under Articles 20 and 21.
• Which case laid down the guidelines for the use of Article 356? Answer: S.R. Bommai v. Union of India (1994).
• How many times has a National Emergency been declared? Answer: Three times (1962, 1971 and 1975).

Frequently Asked Questions (FAQ)

Which Article deals with the National Emergency?

Article 352.

On what grounds can a National Emergency be declared?

War, external aggression or armed rebellion.

Who advises the President to declare a National Emergency?

The Union Cabinet, in writing.

Within how much time must Parliament approve a National Emergency?

Within one month, by a special majority.

Which Article deals with President's Rule in a state?

Article 356.

What is the maximum duration of President's Rule?

Three years, with the approval of Parliament every six months.

Which case is related to the misuse of Article 356?

S.R. Bommai v. Union of India (1994).

Which Article deals with the Financial Emergency?

Article 360, which has never been used.

Which Fundamental Rights cannot be suspended during an emergency?

Articles 20 and 21.

When was the Emergency of 1975 declared and lifted?

Declared on 25 June 1975 and lifted on 21 March 1977.

How many times has a National Emergency been declared in India?

Three times: in 1962, 1971 and 1975.

Which amendment added safeguards after the Emergency?

The 44th Amendment (1978).