Emergency Provisions — UPSC Polity Notes Ch. 13

Introduction

Part XVIII (Articles 352-360) equips the Union with emergency powers that can temporarily convert India's federal structure into a unitary one, to deal with situations threatening the security, stability, or financial credibility of the country. Borrowed largely from the Weimar Constitution of Germany.

Three Types of Emergency

Type	Article	Ground	Times Invoked
National Emergency	352	War, external aggression, or armed rebellion	3 times (1962, 1971, 1975)
President's Rule (State Emergency)	356	Failure of constitutional machinery in a state	Invoked well over 100 times across states
Financial Emergency	360	Threat to the financial stability/credit of India	Never invoked so far

National Emergency (Article 352)

Flowchart — Proclaiming a National Emergency

President proclaims Emergency on written advice of the Union Cabinet

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Must be approved by both Houses of Parliament within 1 month, by special majority

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Once approved, continues for 6 months at a time; needs repeated parliamentary approval to continue

44th Amendment (1978) changed the ground "internal disturbance" to "armed rebellion" and required a written Cabinet recommendation, to prevent misuse (in response to the 1975-77 Emergency).

Effects: Centre can give directions to states on any matter; Parliament gets power to legislate on State List subjects; Article 19 freedoms automatically suspended (only when Emergency is on ground of war/external aggression, post-44th CAA); other Fundamental Rights (except Art. 20 & 21) can be suspended by a separate Presidential order under Article 359.

President's Rule (Article 356)

Proclaimed on the Governor's report or otherwise, if the President is satisfied that the state government cannot be carried on per the Constitution.
Must be approved by Parliament within 2 months; can continue up to 3 years with 6-monthly parliamentary approval, subject to conditions after the 44th Amendment (National Emergency in operation, or ECI certifying that elections cannot be held).
State Legislative Assembly is dissolved or kept in suspended animation; President's Rule transfers the state's executive/legislative powers to the Union.

⚖️ SR Bommai Case (1994): Held that the President's satisfaction under Article 356 is subject to judicial review; the majority of a ministry must be tested on the floor of the House, not through the Governor's personal assessment. This significantly curbed misuse of Article 356.

Financial Emergency (Article 360)

Proclaimed if the President is satisfied that the financial stability or credit of India (or any part) is threatened.
Must be approved by Parliament by simple majority within 2 months; no maximum duration specified — continues until revoked.
Effects: Centre can direct states to reduce salaries of government employees, including judges of HC/SC; all money bills reserved for President's consideration.

Comparison Table

Feature	National (352)	President's Rule (356)	Financial (360)
Parliamentary approval majority	Special majority	Simple majority	Simple majority
Time limit to approve	1 month	2 months	2 months
Max duration	No max, but renewed every 6 months	3 years (with conditions)	No max, renewed every 6 months
Revocation	By President anytime; also if Lok Sabha disapproves by resolution	By President anytime	By President anytime

✅ UPSC Focus: 44th Amendment safeguards ("armed rebellion", written Cabinet advice) · SR Bommai floor-test requirement · Difference in approval majority (special for National, simple for the other two) · Article 19 vs Article 359 suspension mechanics · Financial Emergency has never been invoked.

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