Emergency Provisions
Constitution Special · आपातकाल प्रावधान
📋Quick Overview
The Indian Constitution provides for three types of Emergency: National Emergency (Art 352), State Emergency / President's Rule (Art 356), and Financial Emergency (Art 360). Emergency provisions are borrowed from the German Constitution (Weimar Republic). The 44th Amendment (1978) added important safeguards against misuse of Emergency powers — particularly after the controversial 1975 Emergency proclaimed by Indira Gandhi. Financial Emergency (Art 360) has never been proclaimed in India's history.
3 Emergencies in India: 1) 1962 (India-China War — Art 352), 2) 1971 (India-Pakistan War — Art 352), 3) 1975 (Internal Emergency — Art 352, proclaimed by Indira Gandhi, revoked 1977). Financial Emergency (Art 360) has NEVER been proclaimed.
📖Three Types of Emergency — Comparison Table
| Feature | National Emergency (Art 352) | State Emergency/President's Rule (Art 356) | Financial Emergency (Art 360) |
|---|---|---|---|
| Grounds | External aggression / Armed rebellion (after 44th Amend. — not mere 'internal disturbance') | Constitutional machinery fails in a state / State cannot be carried on in accordance with Constitution | Financial stability or credit of India (or any part) threatened |
| Proclaimed by | President on written request of Cabinet (after 44th Amend.) | ||
| Parliament approval | Within 1 month; by special majority (2/3 present + absolute majority of total) | ||
| Duration | 6 months initially; renewed every 6 months with Parliament approval — no maximum limit | ||
| Revocation | President on his own; OR Lok Sabha passes resolution by simple majority if 1/10 members give notice | ||
| Effect on FRs | Art 19 suspended; Arts 20 and 21 CANNOT be suspended; all FRs can be suspended if proclamation says so (Art 358, 359) | ||
| Effect on Centre-State | Parliament can legislate on State List subjects; Executive power of Union extends to states | ||
| Times proclaimed | 3 times: 1962, 1971, 1975 | ||
| Times proclaimed | More than 100 times since 1950; first: Kerala 1959 | ||
| Times proclaimed | NEVER proclaimed in India's history |
📝44th Amendment Safeguards Against Emergency Misuse
- •Cabinet's written recommendation required before President can proclaim National Emergency
- •'Armed rebellion' replaced 'internal disturbance' — higher threshold for Art 352
- •Art 20 (protection from conviction) and Art 21 (life and liberty) can NEVER be suspended — even during Emergency
- •Lok Sabha can revoke National Emergency if 1/10 members give notice and majority passes resolution
- •S.R. Bommai case (1994): President's Rule under Art 356 is subject to judicial review
📝Three National Emergencies — Timeline
| Year | Reason | Duration | President | PM |
|---|---|---|---|---|
| 1962 | India-China War (External aggression) | Oct 1962 – Jan 1968 | Sarvepalli Radhakrishnan | Jawaharlal Nehru |
| 1971 | India-Pakistan War (External aggression) | Dec 1971 – Mar 1977 | V.V. Giri | Indira Gandhi |
| 1975 | Internal Emergency — 'Internal disturbance'; controversial; Allahabad HC verdict against Indira Gandhi | June 1975 – March 1977 | Fakhruddin Ali Ahmed | Indira Gandhi |