Emergency
The Constitution of India provides for three types of emergencies under Part XVIII (Articles 352–360).
- These provisions empower the President and Union government to take extraordinary measures during war, external aggression, armed rebellion, or financial instability.
- Inspired by the Weimar Constitution of Germany.
📝 PYQ (BPSC 66th): Emergency provisions in the Indian Constitution are based on which foreign Constitution? → Weimar Constitution (Germany)
Types of Emergencies
1. National Emergency – Article 352
- Can be proclaimed on grounds of:
- War
- External aggression
- Armed rebellion (added by 44th Amendment, 1978)
- Declared by the President on written advice of the Council of Ministers.
- Must be approved by Parliament within 1 month, and then every 6 months.
Effects:
- Centre gets power to direct states
- Suspension of Fundamental Rights (except Articles 20 & 21)
- Lok Sabha tenure can be extended by 1 year at a time
Historical Use:
- Declared thrice: 1962 (China War), 1971 (Pakistan War), 1975 (Internal Emergency)
📝 PYQ (BPSC 64th): When was the Internal Emergency imposed in India? → 1975
2. President’s Rule (State Emergency) – Article 356
- Imposed when:
- A state government fails to function per Constitution
- Based on Governor’s report or otherwise
- Also called “Failure of Constitutional Machinery in a State”
Approval:
- Must be approved by Parliament within 2 months
- Can continue for 6 months at a time, up to 3 years
Consequences:
- President assumes powers of state government
- State Assembly may be suspended or dissolved
📝 PYQ (BPSC 65th): Maximum duration of President’s Rule in a state? → 3 years
3. Financial Emergency – Article 360
- Can be declared when the financial stability or credit of India or any part is threatened.
- Never declared in India till date.
Effects:
- Reduction in salaries of government officials and judges
- All financial decisions of states can be controlled by the Centre
44th Constitutional Amendment (1978) – Key Emergency Reforms
- Replaced “internal disturbance” with armed rebellion (for National Emergency)
- Required written advice of Cabinet for emergency declaration
- Made Articles 20 and 21 non-suspendable even during Emergency
- Introduced Parliamentary approval timelines (1 month, 6 months)
📝 PYQ (BPSC 67th): Which amendment made Article 20 and 21 non-suspendable? → 44th Amendment
Important Cases
- Minerva Mills Case (1980): Judicial review of emergency powers upheld
- ADM Jabalpur Case (1976): Right to life suspended during 1975 Emergency (later overruled)
Quick Revision Points
- Articles: 352 to 360
- National Emergency: War, External Aggression, Armed Rebellion
- State Emergency: Article 356, max 3 years
- Financial Emergency: Article 360, never used
- Fundamental Rights suspended under Article 19 (except 20, 21 after 44th Amendment)
- Parliamentary approval required
- Inspired by: Weimar Constitution
Sources Used
- NCERT Class 11 – Indian Constitution at Work
- M. Laxmikanth – Indian Polity (6th Edition)
- Lucent GK – Polity Section
- Ghatna Chakra BPSC PYQs
- Official Constitution of India – Ministry of Law & Justice