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Topic: Emergency Provisions

A country faces threats to its security both from outside and inside. Union Government requires additional powers to deal with such situations called emergencies. In a federal government, the need for such emergency provisions is even greater as federal government, by virtue of sharing powers with the provincial (state) governments, enjoys relatively limited powers. Part XVIII of the Constitution (Articles 352 — 360) deals with emergency. Thus, emergency refers to a pattern of governance when the national security is threatened.

Members of the Constituent Assembly believed that “the danger of a grave emergency arising in this country is not merely theoretical; it is very real”. In the words of Alladi Krishnaswami Ayyar, “we are in grave and difficult times”. They were convinced of the need for a strong Centre which could effectively deal with emergency situations.

Indian Constitution recognizes three types of emergency

1. National emergency (Art. 352)

2. Financial Emergency (Art. 360)

3. State Emergency or President’s rule or Central Rule (Art.356)

National Emergency

Following are the features of the national emergency

It can be imposed under Art. 352
If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened.
Three grounds are given based on which emergency can be imposed: war or external aggression or armed rebellion
President may declare national emergency in respect of the whole of India or part of the territory
Proclamation may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger.
Union Cabinet consisting of the Prime Minister and other Ministers of Cabinet rank should communicate the same in writing to the President. This provision ensures that Prime Minister, without the approval of the Union Cabinet can not recommend
Parliament should ratify the proclamation by special majority, within a month. Special majority is two thirds of the members present and voting which is not less than half of the total membership of the House (“total membership” means the total number of members comprising the House irrespective of whether there are vacancies or absentees on any account).

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If any such proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of one month and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

In short, if the Lok Sabha can not ratify it within 30 days for any reason, the proclamation must be passed by Rajya Sabha in 30 days and by Lok Sabha within 30 days after its first meeting.

After being ratified by both the Houses, emergency will last for 6 months from the date of ratification by the latter of the two houses.
It can be extended by Parliament, at a time for six months and as many times as necessary. Ratification by each House by special majority is required for extension by six months each time.
The 44th Amendment Act in 1978 replaced the expression ‘internal disturbance’ with 'armed rebellion’. Armed rebellion, according to the Supreme Court poses a threat to security of the country while internal disturbance does not Emergency can be imposed only when there is a threat to national security.

Revocation of Proclamation

Emergency can be revoked by President at any time by a subsequent proclamation.Such a proclamation doesn’t require the Parliamentary approval.

President must revoke emergency if the Lok Sabha passes a resolution disapproving its continuation. Lok Sabha has the power to initiate proceedings for the discontinuation of the emergency. A notice in writing signed by not less than one-tenth of the total members Lok Sabha can be issued with ‘the intention to move a resolution for disapproving the continuance in force of emergency. It should be addressed to the Speaker, if the House is in session; or to the President, if the House is not in session. A special sitting of the House shall be held within fourteen days from the date on which such notice is

A country faces threats to its security both from outside and inside. Union Government requires additional powers to deal with such situations called emergencies. In a federal government, the need for such emergency provisions is even greater as federal government, by virtue of sharing powers with the provincial (state) governments, enjoys relatively limited powers. Part XVIII of the Constitution (Articles 352 — 360) deals with emergency. Thus, emergency refers to a pattern of governance when the national security is threatened.

Members of the Constituent Assembly believed that “the danger of a grave emergency arising in this country is not merely theoretical; it is very real”. In the words of Alladi Krishnaswami Ayyar, “we are in grave and difficult times”. They were convinced of the need for a strong Centre which could effectively deal with emergency situations.

Indian Constitution recognizes three types of emergency

1. National emergency (Art. 352)

2. Financial Emergency (Art. 360)

3. State Emergency or President’s rule or Central Rule (Art.356)

National Emergency

Following are the features of the national emergency

It can be imposed under Art. 352
If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened.
Three grounds are given based on which emergency can be imposed: war or external aggression or armed rebellion
President may declare national emergency in respect of the whole of India or part of the territory
Proclamation may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger.
Union Cabinet consisting of the Prime Minister and other Ministers of Cabinet rank should communicate the same in writing to the President. This provision ensures that Prime Minister, without the approval of the Union Cabinet can not recommend
Parliament should ratify the proclamation by special majority, within a month. Special majority is two thirds of the members present and voting which is not less than half of the total membership of the House (“total membership” means the total number of members comprising the House irrespective of whether there are vacancies or absentees on any account).

If any such proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of one month and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

In short, if the Lok Sabha can not ratify it within 30 days for any reason, the proclamation must be passed by Rajya Sabha in 30 days and by Lok Sabha within 30 days after its first meeting.

After being ratified by both the Houses, emergency will last for 6 months from the date of ratification by the latter of the two houses.
It can be extended by Parliament, at a time for six months and as many times as necessary. Ratification by each House by special majority is required for extension by six months each time.
The 44th Amendment Act in 1978 replaced the expression ‘internal disturbance’ with 'armed rebellion’. Armed rebellion, according to the Supreme Court poses a threat to security of the country while internal disturbance does not Emergency can be imposed only when there is a threat to national security.

Revocation of Proclamation

Emergency can be revoked by President at any time by a subsequent proclamation.Such a proclamation doesn’t require the Parliamentary approval.

President must revoke emergency if the Lok Sabha passes a resolution disapproving its continuation. Lok Sabha has the power to initiate proceedings for the discontinuation of the emergency. A notice in writing signed by not less than one-tenth of the total members Lok Sabha can be issued with ‘the intention to move a resolution for disapproving the continuance in force of emergency. It should be addressed to the Speaker, if the House is in session; or to the President, if the House is not in session. A special sitting of the House shall be held within fourteen days from the date on which such notice is

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(Sample Material) IAS PRE GS Online Coaching : Polity - "Emergency Provisions"