Introduction

The emergency provisions are contained in Part XVIII of Constitution, from

Articles 352 to 360. These provisions enable the Central government to meet any abnormal
situation effectively. The rationality behind the incorporation of these provision in the
Constitution to safeguard the sovereignty, unity, integrity and security of the country, the
democratic political system, and the Constitution.

During the Emergency, the central government becomes all powerful and the
states go into the total control of the Centre. It converts the federal structure into a unitary one
without a formal amendment of the Constitution. This kind of transformation of the political
system from federal during normal times to unitary during Emergency is unique feature of the
Indian Constitution.

India is a federal country of “its own kind”. It acquires unitary features during an
Emergency. Due to this reason, Dr B.R Ambedkar called the Indian Federal system
as unique because it becomes entirely unitary during an Emergency. During an Emergency,
as Constitutional machinery fails, the system converts itself into a unitary feature. The
Emergency is a period of depression where all Fundamental Rights of a person is taken away
except article 20 and 21.

An emergency is a situation which arises due to the failure of the government

machinery which causes or demands immediate action from the authority. According to the
Black Law’s Dictionary, “Emergency is a situation which requires quick action and
immediate notice as such a situation causes a threat to the life and property in the nation. It
is a failure of the social system to deliver reasonable conditions of life”

Types of Emergency
Part- XVIII of Indian Constitution deals with the Emergency provisions i.e. Articles
352 to 360. There are three types of Emergencies mentioned in the Constitution. The power
of imposing all three types of Emergencies is vested upon the President of India. The concept
of Emergency was borrowed from the Weimar Constitution of Germany. The three types are
as follows –
1. Article 352 – National Emergency
 2. Article 356 – President’s Rule (State Emergency)
3. Article 360 – Financial Emergency

National Emergency
Grounds for the proclamation of National Emergency are as follows:

War
When a country declares a formal war against India and there is a violent struggle using
armed forces, the President of India may impose National emergency.

External Aggression
When a country attacks another country without any formal declaration of war. It is a
unilateral attack by any country towards India. In such circumstances, the President of India
may impose a National emergency.

Armed Rebellion
Emergency due to the armed rebellion may be imposed by the President of India when
a group of people rebel against the present government which will lead to the destruction of
lives and property.

State Emergency
Grounds for the Proclamation of the State Emergency is a failure in the Constitutional
machinery of the state. In this Emergency, when Governor of the state is satisfied that the
State is not functioning in accordance with the Constitutional provisions then he may write
his report to the President of India. And the President, if satisfied by the report, may impose
the President’s rule. After that, the President will become the executive head of the state.

Financial Emergency
Grounds for the Proclamation of the Financial Emergency is that when a state arises
in the Country which leads to a financial crisis in India, the President of India may impose
emergency to tackle the situation. In this situation, the Central Authority may reduce the
budget or cut the budget given to the State, salaries of the Government officials may be
deducted.

Reason for Emergency in India

National Emergency
Article 352 deals with “Proclamation of Emergency” or “ National Emergency”. The
President of India has the power to declare an Emergency in India or any part of India by
making a Proclamation. Under this Article, if the President is satisfied that a grave emergency
exists in India due to which there is a threat to the security of the nation, he may declare
Emergency on the grounds of-

1. War
2. External Aggression
3. Armed Rebellion
The word “Armed Rebellion” was substituted for “Internal Disturbance” by the Forty-fourth
Constitution Amendment Act, 1978.
National Emergency has been imposed three times in India so far. The time period in which
this happened was from 1962-1977. Brief description of the emergencies are as follows –
An emergency was imposed at the time of Indo-China war by the then President of India Dr
Sarvepalli Radhakrishnan on the ground of external aggression from October 26, 1962, to
January 10, 1968.
External Aggression means when a country attacks another country without any formal
declaration of war. It is a unilateral attack by any country towards another country. For
example – If a country attacks India without any formal declaration of war, in such a
scenario, the President of India may impose a National Emergency.
Again, an Emergency was imposed from December 3, 1971, to March 21, 1977, by the then
President of India Mr V.V. Giri during the Indo-Pakistan war. The reason was the same as
above i.e. external aggression.
The third Emergency was imposed due to a clash between Legislature and Judiciary. Mrs
Indira Nehru Gandhi, the then Prime Minister of India with the permission of the then
President Fakhruddin Ali Ahmed declared an emergency. It was imposed for a period of 19
months from June 25, 1975to March 21, 1977.
State Emergency
Article 356 deals with State Emergency or President’s Rule in the State (“Provisions
in case of Failure of Constitutional Machinery in States”). The President of India has the
power to proclaim State Emergency when he receives a report from the Governor of that
particular State explaining that the situation in the State Government is such that they cannot
carry out the Constitutional provisions.
President’s Rule has been imposed on the State of Jammu and Kashmir for six years
and 264 days from January 19, 1990, to October 9, 1996. The State has always been a target
for many external elements. The Indian Government imposed President’s Rule to control the
situation of Jammu & Kashmir which was facing a military threat from Pakistan.
Punjab was under the President’s Rule for 4 years and 259 days from June 11, 1987,
to February 25, 1992. The reason for imposing President’s rule in Punjab was the control of
Khalistan Commando Forces which was a Sikh organisation which was involved in the
genocidal attack on Hindus.
Till January 2016, the President’s Rule has been imposed 124 times in India. During
Indira Gandhi’s regime, the President’s Rule was invoked for maximum time. The
President’s Rule under her cabinet was imposed 35 times in various states.

Financial Emergency
Article 360 deals with “Provisions as to Financial Emergency”. Financial Emergency is
imposed by the President when there arises any situation which causes a financial threat to
India or any part of India. Financial Emergency has never been imposed in India.

Emergency Provisions

1. Article 352: Proclamation of Emergency.

2. Article 353: Effect of Proclamation of Emergency.
3. Article 354: Application of provisions relating to the distribution of revenues
while a proclamation of emergency is in operation.
4. Article 355: Duty of the Union to protect States against external aggression and
internal disturbance.
5. Article 356: Provisions in case of failure of constitutional machinery in State.
6. Article 357: Exercise of legislative powers under Proclamation issued under
Article 356.
7. Article 358: Suspension of provisions of article19 during Emergencies.
8. Article 359: Suspension of the enforcement of the rights conferred by Part III
during emergencies.
9. Article 360: Provisions as to Financial Emergency.