Emergency Provisions in India: Articles 352 - 360

Introduction

• Emergency: Defined as a failure of social systems to provide reasonable conditions of life. Requires immediate action by public authorities.
• Purpose: Allows federal government to act as a unitary government in emergencies, affecting India's federal structure.

Types of Emergencies

1. National Emergency
2. State Emergency
3. Financial Emergency

National Emergency (Article 352)

• Applied during extraordinary situations threatening security, peace, stability, and governance.
• Grounds: War, external aggression, internal rebellion.

Proclamation Details

• Proclamation by the President when satisfied of threats, advised by the Union Cabinet.
• Judicial review permitted to assess the validity.

Revocation

• Can be revoked when situation improves; 44th Amendment allows Lok Sabha members to disapprove by simple majority.

Territorial Extent

• Can apply to whole or part of India.

Duration

• Initial 6 months, renewable by Parliament every 6 months, with special majority.

Effects

• Executive Powers: Extended to give directions to states and alter revenue distribution.
• Legislative Powers: Parliament can legislate on State List.
• Financial: Change revenue distribution between Union and States.
• Lok Sabha: Life may be extended by one year, not beyond six months after emergency ceases.
• Fundamental Rights (Article 19): Suspended during emergency.

Judicial Case

• ADM Jabalpur v. S. Shukla: Habeas corpus writ not maintainable during emergency.

State Emergency (Article 356)

• Issued if President believes State Government cannot function according to the Constitution.

Duration and Revocation

• Initially 2 months, extendable to 6 months at a time, not exceeding 3 years.
• Revoked by a subsequent proclamation.

Effects

• President assumes powers of Governor and can declare legislative authority under Parliament.

Difference Between Articles 352 and 356

• Article 352: State Legislature and Executive function with Centre’s concurrent powers.
• Article 356: Executive and Legislative power vested in Centre, State Legislature dissolved.

Financial Emergency (Article 360)

• Proclaimed if financial stability is threatened.

Duration and Revocation

• Ceases after 2 months unless approved by Parliament.
• Revoked by a subsequent proclamation.

Effects

• Union gives financial stability directions, may include salary reductions.

Conclusion

• Emergency provisions give extensive powers to the Executive, affecting federal structure.
• Courts should monitor to prevent arbitrary use of powers.