Laxmikanth Ch 15: Emergency Provisions (CAPF Digest)

The idea in one line

Part XVIII (Articles 352 to 360) lets the Constitution shift from a federal to a near-unitary mode in a crisis through three kinds of emergency; this is the chapter where security power and human-rights risk meet most sharply, which is why the 44th Amendment added strong safeguards.

The three emergencies

National Emergency (Article 352)

• Grounds: war, external aggression or armed rebellion (the words "armed rebellion" replaced "internal disturbance" by the 44th Amendment 1978).
• Proclamation: by the President, only on the written advice of the Cabinet.
• Parliamentary approval: within one month, by a special majority of both Houses; once approved, it continues for six months and can be extended six months at a time indefinitely.
• Revocation: the President can revoke it any time; the 44th Amendment also allows the Lok Sabha to disapprove it by a simple majority resolution if at least one-tenth of its members so request.
• Effects: the Centre can give executive directions to the States and legislate on State subjects; the Lok Sabha's term can be extended; and Fundamental Rights can be affected. Article 358 automatically suspends the six freedoms of Article 19 (only in a war or external-aggression emergency, after the 44th Amendment). Article 359 allows the President to suspend the right to move courts for the enforcement of specified Fundamental Rights, but the 44th Amendment provided that Articles 20 and 21 can never be suspended.
• It has been proclaimed three times: 1962 (China war), 1971 (Pakistan war) and 1975 to 1977 (on the ground of "internal disturbance", the controversial Emergency).

State Emergency or President's Rule (Article 356)

• Ground: failure of the constitutional machinery in a State (the State government cannot run as per the Constitution); also under Article 365 if a State does not comply with Central directions.
• Approval: within two months by a simple majority of both Houses; continues for six months at a time, up to a maximum of three years (with conditions after one year).
• Effects: the President assumes the State executive's functions, and Parliament exercises the State legislature's powers (often by ordinance through the President). The State legislative assembly may be suspended or dissolved.
• S. R. Bommai (1994): the Supreme Court held that the proclamation of President's Rule is subject to judicial review and laid down strict tests, curbing its misuse.

Financial Emergency (Article 360)

• Ground: a threat to the financial stability or credit of India.
• Approval: within two months by both Houses (simple majority); once approved it continues indefinitely until revoked.
• Effects: the Centre can direct States to observe canons of financial propriety, and salaries of public servants (including judges) can be reduced.
• It has never been proclaimed.

The 44th Amendment safeguards

The 1978 amendment, enacted after the 1975 to 1977 Emergency, tightened the law: "internal disturbance" was replaced by "armed rebellion"; the proclamation needs the Cabinet's written advice; Articles 20 and 21 can never be suspended even during an emergency; and the Lok Sabha can force a review.

CAPF angle: this is among the most security-and-rights-loaded chapters in the syllabus, and a perennial examiner favourite. Lock the trio (352 National, 356 State / President's Rule, 360 Financial), the grounds, and the 44th Amendment changes (armed rebellion not internal disturbance; Articles 20 and 21 never suspended). The 1975 to 1977 Emergency is the case study in how emergency power can violate liberty, and the ADM Jabalpur (1976) habeas-corpus ruling (later disapproved) is the cautionary precedent. For a force tasked with internal security, the lesson is that emergency powers are bounded by non-derogable rights to life and against ex-post-facto punishment. See human rights and internal security and ch 07 fundamental rights.