Unit 4 : Emergency
The Constitution of India provides emergency provisions to deal with extraordinary situations that threaten the security, stability, or constitutional machinery of the nation. These provisions are contained in Part XVIII (Articles 352 to 360) of the Constitution.
Proclamation of Emergency (Article 352)
Meaning of National Emergency
Under Article 352, the President may proclaim a National Emergency when the security of India or any part thereof is threatened by:
- War,
- External aggression, or
- Armed rebellion.
Earlier, the term “internal disturbance” was used, but the:
- 44th Constitutional Amendment Act, 1978 replaced it with “armed rebellion” to prevent misuse.
Grounds of National Emergency
1. War
When India formally enters into war with another country.
2. External Aggression
When a foreign country attacks or threatens India without a formal declaration of war.
3. Armed Rebellion
When organized groups attempt to challenge the authority of the government through violence.
Procedure for Proclamation
Presidential Proclamation
The President issues the proclamation of emergency.
Written Advice of Cabinet
After the 44th Amendment, the President can proclaim emergency only on the written advice of the Union Cabinet.
Parliamentary Approval
The proclamation must be approved by both Houses of Parliament within one month.
Approval requires a special majority:
- Majority of total membership of the House, and
- Two-thirds of members present and voting.
Duration
- Once approved, emergency remains in force for six months.
- It can be extended repeatedly for six months with parliamentary approval.
Revocation
- The President may revoke emergency at any time.
- Lok Sabha can also pass a resolution disapproving the emergency.
Constitutional Authorization & Limitations
Constitutional Authorization
Article 352
Provides power to declare National Emergency.
Article 353
Expands executive and legislative powers of the Union during emergency.
Article 354
Allows modification in distribution of revenues between Centre and States.
Article 358
Suspends freedoms guaranteed under Article 19 during emergency caused by war or external aggression.
Article 359
President may suspend enforcement of certain Fundamental Rights.
Constitutional Limitations
The Constitution includes safeguards to prevent misuse.
1. Written Advice Requirement
Emergency can be proclaimed only on written advice of the Cabinet.
2. Parliamentary Approval
Mandatory approval within one month.
3. Special Majority
Extension requires special majority.
4. Judicial Review
The proclamation can be challenged before courts.
Minerva Mills v. Union of India
The Supreme Court emphasized limited government and constitutional balance during emergency powers.
ADM Jabalpur v. Shivkant Shukla
During the Emergency of 1975, the Supreme Court held that right to constitutional remedies could remain suspended. This judgment was later widely criticized.
5. Protection of Certain Rights
After the 44th Amendment:
- Articles 20 and 21 cannot be suspended even during emergency.
Implications of the Proclamation of Emergency
The proclamation of emergency has wide constitutional and political effects.
1. Effect on Executive Power
- The executive power of the Union extends over the entire country.
- The Centre can give directions to States on any matter.
2. Effect on Legislative Power
- Parliament gains power to legislate on subjects in the State List.
- State legislatures continue to function, but Parliament obtains overriding powers.
3. Effect on Fundamental Rights
Suspension of Article 19
Under Article 358:
- Rights under Article 19 are automatically suspended during emergency caused by war or external aggression.
Suspension of Enforcement of Rights
Under Article 359:
- President may suspend enforcement of certain Fundamental Rights except Articles 20 and 21.
4. Effect on Federal Structure
Emergency makes the federal system more unitary:
- Central government becomes more powerful.
- States function under greater Union control.
5. Effect on Lok Sabha and State Assemblies
- Parliament may extend the term of Lok Sabha by one year at a time during emergency.
- Extension cannot continue beyond six months after emergency ends.
National Emergencies Declared in India
National Emergency has been declared three times in India:
| Year | Ground |
|---|---|
| 1962 | Chinese aggression |
| 1971 | Indo-Pak war |
| 1975 | Internal Emergency |
The 1975 Emergency
The Emergency declared by Prime Minister Indira Gandhi in 1975 is one of the most controversial periods in Indian constitutional history.
Features included:
- Suspension of civil liberties,
- Press censorship,
- Arrest of opposition leaders,
- Centralization of power.
It led to major constitutional reforms through the 44th Amendment.
Article 353 – Effect of Proclamation of Emergency
Article 353 of the Constitution of India explains the consequences of a National Emergency (Article 352) on the distribution of executive and legislative powers between the Union and the States.
Scope of Article 353
Once a Proclamation of Emergency is in force, Article 353 provides for expansion of Union powers in two major areas:
1. Executive Power of the Union (Article 353(a))
Meaning
During a National Emergency:
- The executive power of the Union extends to giving directions to any State.
- The Centre can control how State governments exercise their executive powers.
Key Features
- The Union can issue binding directions on any subject, even those in the State List.
- States are required to comply with such directions.
Effect
- The federal system becomes more unitary.
- States lose autonomy in executive matters.
2. Legislative Power of Parliament (Article 353(b))
Meaning
Parliament acquires the power to legislate on:
- Any subject, including those in the State List.
Key Features
- This power applies to the whole country or any part of it.
- State Legislatures are not suspended but become subordinate to Parliament.
Effect
- Parliament becomes the supreme law-making authority during Emergency.
- Central laws override State laws in case of conflict.
Important Clarification
Even during Emergency:
- State Governments and Legislatures do not automatically cease to exist.
- However, their powers are restricted and controlled by the Union.
Relationship with Article 352
- Article 352 → Declares National Emergency
- Article 353 → Explains its effects on governance
Thus, Article 353 is a consequential provision that comes into operation only after an Emergency is proclaimed.
Federal Impact
Article 353 temporarily changes the nature of governance in India:
| Normal Situation | During Emergency |
|---|---|
| Federal system | Unitary tilt |
| State autonomy | Central dominance |
| Separate powers | Centralized authority |
Safeguards
Although Article 353 gives wide powers:
- These powers operate only during Emergency.
- Subject to Parliamentary control and judicial review.
- Normal federal structure is restored after Emergency ends.
Conclusion
Article 353 plays a crucial role in ensuring that during a National Emergency, the Union Government can act decisively by centralizing power. While it strengthens national unity and response in crisis situations, it also temporarily limits State autonomy, reflecting a shift from federalism to a more unitary form of governance in India.
