EMERGENCY PROVISIONS (Part XVIII: Articles 352 – 360) 

• These provisions have been borrowed from the Government of India Act 1935. It converts the federal structure into a unitary one without a formal amendment of the Constitution.
• It is needed to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
• “Suspension of Fundamental Rights during Proclamation of Emergency” provision borrowed from the Weimar Constitution.

Important Articles

• Article 352: Emergency due to war, external aggression or armed rebellion (National Emergency).
• 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.

• Proclamation of Emergency: Commonly referred to as a ‘National Emergency‘, In the Constitution, the term used to denote such an emergency is ‘proclamation of emergency‘.
• President: On the grounds of war or external aggression or armed rebellion. Also, can declare even before the occurrence if he satisfies that there is imminent danger.
• External Emergency: Declared on the grounds of ‘war’ or ‘external aggression’.
• Internal Emergency: Declared on the grounds of ‘armed rebellion’.
• 38th Amendment: Can issue different proclamations on the mentioned grounds, whether or not there is a proclamation already issued by him.
• 42nd Amendment: Proclamation of a National Emergency may be applicable to the entire country or part of it.
• 44th Amendment: ‘Internal Disturbance’ replaced by ‘Armed Rebellion’.

• Original Constitution: No mention of the role of cabinet.
• 44th Amendment: The President can proclaim only after a written recommendation from the cabinet.

• Originally: 2 months.
• 44th Amendment: Approval by both the Houses within one month.
• If the proclamation of emergency is issued at a time when the LS has been dissolved, or dissolution occurs during the 1 month period without approval, the proclamation survives until 30 days from the first sitting of the new LS, if RS has approved in the meantime.

• Originally: Simple majority.
• 44th Amendment: Introduced special majority for approval.

• Originally: Once approved, an emergency could remain indefinitely.
• 44th Amendment: Can be extended indefinitely but only with approval of Parliament every six months by special majority.
• If LS is dissolved without approving continuation, proclamation survives for 30 days from first sitting of new LS if RS has already approved it.

• No explicit provision originally.
• 38th Amendment: Made emergency proclamation immune from judicial review.
• 44th Amendment: Removed the above immunity.
• Minerva Mills Case: Emergency proclamation can be challenged in court on grounds of mala fide, irrelevant, absurd or perverse reasons.

• The President can revoke emergency. Parliamentary approval not needed.
• 44th Amendment: President must revoke if Lok Sabha passes disapproval resolution.
• 1/10th of LS members can give written notice to Speaker/President for a special session within 14 days.

• Executive power of Centre extends to directing any state on any matter.
• During normal times, Centre directs only on jurisdiction of courts.
• States remain functional but under central control.

• Parliament can make laws on State List items.
• State legislatures remain but Parliament gets overriding power.
• Such laws cease 6 months after emergency ends.
• If Parliament not in session, President may issue ordinances.
• 42nd Amendment: These powers apply not just in emergency-affected states but also other states.

• President can modify Centre-State revenue distribution.
• Modifications continue till financial year in which emergency ends.
• Such orders must be laid before both Houses.

• During National Emergency, life of Lok Sabha may be extended by Parliament by one year at a time for any number of times.
• However, this extension cannot continue beyond 6 months after the emergency has ceased.

• Only Parliament can extend the life of State Assemblies.
• It can be extended by one year each time like Lok Sabha.

• Deals with suspension of Fundamental Rights under Article 19.
• Automatically suspended — no order needed.
• State can make laws or take executive actions inconsistent with Article 19 — not challengeable in courts during or after emergency.
• After emergency ends, Article 19 revives and inconsistent laws cease.

• Deals with suspension of other Fundamental Rights (except Articles 20 & 21).
• President can suspend right to approach courts for enforcement of such rights.
• Rights exist, but remedy is suspended.
• Suspension applies only to those rights mentioned in Presidential Order.
• Order must be laid before both Houses for approval.

44th Amendment

• Suspension of Article 19 allowed only if emergency is due to war or external aggression, not armed rebellion.
• Only emergency-related laws get protection from judicial review.

44th Amendment

• President cannot suspend enforcement of Articles 20 & 21.
• Only emergency-related laws are protected from judicial review.

• By President.
• Lok Sabha can pass disapproval (no Parliamentary approval for revocation needed).

• By President.
• No Parliamentary approval for revocation.

• By President.
• No Parliamentary approval for revocation.