Emergency Provisions in India

Emergency Provisions in India

Article 352 > Proclamation of Emergency

• President can issue a proclamation of emergency only when decision of cabinet is conveyed to him in writing.
• Proclamation is subjected to judicial review & its constitutionality can be questioned in court of law on grounds of malafidism
• Has been issued only 3 times till now > (1962 & 1971 > External; 1975 > Internal)
• Every proclamation made under article 352 (except a proclamation revoking previous proclamation) should be laid before each house of the parliament & must be approved by them within one month after proclamation is made, by majority of total membership of the house & by a majority of not less than 2/3^rd of members of the house present & voting.
• If parliament fails to approve such proclamation, then it ceases to be in operation on expiry of 1 month after proclamation is made.

• If parliament approves such proclamation, then it will be in force for 6 months from the date on which it was approved by parliament, unless revoke earlier
• It can be approved by parliament any no. of times but not beyond 6 months at a time
• If LS stands dissolved before giving approval to proclamation, then RS needs to approve it within 1 month & thereafter should be ratified by LS within 1 month after reconstitution.
• If LS disapproves a proclamation to its continuance, President shall revoke the emergency.
• If not less than 1/10^th of the members of LS issues a notice with intension of disapproving an emergency to the President, when LS is not in session or to Speaker, if it is in session, then a special sitting of LS shall be held within 14 days for the purpose of considering such a resolution.
• FRs under article 19 will be suspended automatically only in case of external emergency.
• Parliament is empowered to extend by law, life of LS beyond 5 years for a period of not extending 1 year at a time, but in any case, not exceeding 6 months after the proclamation of emergency has ceased to be in operation (Same case with state legislative assemblies)

Also read: Local Government System in India and Center State Relations

Article 356 > Failure of constitutional machinery in state (Presidential rule)

• Must be passed by each house of the parliament by simple majority or cease to operate at expiry of 2 months (Subjected to judicial Review)
• Approved for 6 months from the date of approval & can be further extended for a period of 6 months.
• However, it can be extended beyond 1 year period but in any case, not beyond 3 years from the date of issue of proclamation, if:

• A proclamation of national emergency is in operation in that state or in whole India
• EC certifies that it is necessary on account of difficulties to hold general elections to state legislature

Article 360 > Financial Emergency

• A proclamation of financial emergency will remain in force for 2 months, unless before expiry of that period, it is approved by both the houses of parliament by simple majority
• Once approved, it will be in force till it is revoked by the President (None Issued so far)

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