Emergency Provisions
Constitution Special · आपातकाल प्रावधान · 17 facts
There are three types of Emergencies in the Indian Constitution: National Emergency (Art 352), President's Rule (Art 356), and Financial Emergency (Art 360).
National Emergency (Article 352) can be proclaimed on grounds of war, external aggression, or armed rebellion (originally 'internal disturbance').
National Emergency must be approved by Parliament within 1 month by a special majority — 2/3 of members present and voting + more than 50% of total membership.
The 44th Amendment (1978) requires that National Emergency must be recommended in writing by the Cabinet (not just the PM) to the President.
During National Emergency, Lok Sabha can pass a resolution by a simple majority to revoke it; 1/10 of Lok Sabha members can requisition a special session for this purpose.
President's Rule (Article 356) is imposed when the constitutional machinery of a state fails — also known as State Emergency or Governor's Rule.
President's Rule initially lasts for 2 months. It can continue without Parliamentary approval only for 2 months, then needs approval every 6 months, up to maximum 3 years.
In SR Bommai case (1994), the Supreme Court ruled that floor test in the assembly is mandatory to determine a government's majority before imposing President's Rule.
Financial Emergency (Article 360) can be proclaimed when the financial stability or credit of India or any state is threatened — it has never been imposed.
The first National Emergency was proclaimed in 1962 during the India-China war by President S. Radhakrishnan.
The second National Emergency was in 1971 during the India-Pakistan war (Bangladesh Liberation War).
The third (and most controversial) National Emergency was proclaimed on June 25, 1975 by Indira Gandhi on grounds of 'internal disturbance' — lasted until March 21, 1977.
The 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' as a ground for National Emergency to prevent its misuse.
During National Emergency, the Centre can give directions to states on any matter; Parliament can legislate on State List subjects.
During National Emergency, Article 19 (6 freedoms) is automatically suspended; Articles 20 and 21 (life and liberty) cannot be suspended.
Article 356 has been used more than 125 times since independence — it was misused many times to dismiss opposition governments, leading to SR Bommai judgment.
During President's Rule, the Governor administers the state on behalf of the President with the help of the state bureaucracy.