Emergency Provisions in India

Article 352 → Proclamation of Emergency

National Emergency

External War or external aggression Internal By armed rebellions

 

    • 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 2/3rd 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 1/10th of the members of LS issue 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)

 

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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