Apna Gyaan

Emergency Provisions!!! 🤔

After Independence when the Constitution of India was being drafted, India was going through a tough period. It was the time of partition, communal riots and the problem of princely states merger including Kashmir.

So, the makers of the Constitution provide emergency provisions in part XVII of the Constitution, from Articles 352 to 360. So, the Central government deals with any abnormal situation with the help of these provisions.

The main reasons to incorporate these provisions in the Constitution is to safeguard the

• Sovereignty,
• Unity,
• Integrity,
• Security of the country,
• The democratic political system and
• The Constitution.

During an Emergency, the Central government becomes all-powerful and the states go into the total control of the Centre. Emergency converts the federal structure into a unitary structure without a formal amendment of the Constitution.

Types of Emergencies

According to the Constitution of India, there are three types of emergencies:

• ‘National Emergency’, is when there is a war or external aggression or armed rebellion. (Article 352)
• ‘President’s rule’, is an emergency due to the failure of the constitutional machinery in the states. (Article 356).
• ‘Financial Emergency‘ due to a threat to the financial stability or credit of India (Article 360).

EMERGENCY PROVISIONS

National Emergency

Grounds of Declaration

Under Article 352, the President can declare a national emergency when there is any war or external aggression or armed rebellion.

The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

This decision is taken after the 1975 Emergency during the reign of the then PM Mrs Indira Gandhi.

• When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
• And when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.

Approval and Revocation

Both the Houses of Parliament must approve proclamation of emergency within one month from the date of its issue. After approval, the emergency continues for six months. It can be extended to an indefinite time period with approval in every six months. This provision also added by the 44th amendment act of 1978.

President can revoke a proclamation of emergency by another proclamation without the approval of Parliament.

But the 44th amendment act introduced a safeguard that the president must revoke a proclamation if the Loksabha passes a resolution for disapproving this.

Effects of National Emergency

Effect on the Centre-state Relations

The federal form of the Constitution changes into unitary.  During the National emergency, the executive power of the centre increases. And the Parliament becomes empowered to make laws for the entire country. The President also modify the Constitutional distribution of revenues between centre and states.

Effect of the life of Lok Sabha and state Assemblies

During the emergency,

• The life of Lok Sabha can be extended by a law of Parliament for one year at a time.
• Similarly, Parliament may extend the tenure of state legislative assembly by one year at a time.

Effect on the Fundamental Rights

According to Article 358, the Fundamental Rights under Article 19 is automatically suspended until the end of the emergency.

But according to the 44th Amendment, only National emergency under article 352 suspends freedoms under Article 19.

History of National Emergency

For the first time, an emergency was declared on 26 October 1962 after China attacked our borders in the North East Arunachal Pradesh. This National Emergency lasted till 10 January 1968. It was in force at the time of the Pakistan War in 1965.

For the second time, it was declared on 3 December 1971 due to the second India-Pakistan War and was lifted on 21 March 1977.

The first two emergencies were on the ground of ‘external aggression’.

For the third time, it was declared on the ‘internal disturbance’. It was imposed on 25 June 1975. This emergency is called an “internal emergency”. This proclamation has been the most Controversial political move of Independent India.

That is because the second National emergency of 1971 imposed when government machinery was in control. On 21st March 1977, both second and third emergency revoked.

Thanks and Stay Civilized. 😊