Ch 18 – Emergency Provisions

📖 Constitutional Provisions

Part XVIII · Articles 352–360
Source → Government of India Act, 1935 + Weimar Constitution (Germany)
Proclamation by President — on entire country or any part thereof

352

National Emergency

War / External Aggression / Armed Rebellion

356

State Emergency / President's Rule

Failure of Constitutional Machinery in State

360

Financial Emergency

Threat to financial stability — Never imposed!

⚠ Exam Trap

Emergency ka source — Weimar Constitution of Germany (failure of which led to Hitler's rise). GoI Act 1935 bhi source hai. Article numbers — 352 · 356 · 360 — ye teen yaad karo!

⏱️ National Emergency — Declared 3 Times

1962

Chinese Aggression

Sino-Indian War · External Aggression · President: Dr. S. Radhakrishnan

1971

India-Pakistan War

Bangladesh Liberation War · External Aggression · President: V.V. Giri

1975

Internal Disturbance (Most Controversial)

Allahabad HC invalidated Indira Gandhi's election. Declared on grounds of "Internal Disturbance" · President: Fakhruddin Ali Ahmed

⚠ Exam Trap

1975 Emergency mein President = Fakhruddin Ali Ahmed. PM = Indira Gandhi. Grounds = "Internal Disturbance" (baad mein 44th Amendment ne replace kiya with "Armed Rebellion"). 1975 Emergency = darkest chapter of Indian democracy.

🔴 National Emergency (Art. 352)

Grounds: War / External Aggression / Armed Rebellion "Internal Disturbance" replaced by "Armed Rebellion" — 44th Amendment (1978)
Declaration: On written recommendation of the Cabinet President alone cannot declare — Cabinet recommendation mandatory
Approval: Special Majority — within 1 month (both Houses) If LS dissolved → within 30 days of 1st sitting of new LS
Extension: Parliament's approval required every 6 months 44th Amendment introduced this safeguard
Duration: Unlimited — as long as Parliament keeps approving
Revocation: By Simple Majority of Lok Sabha Special resolution — majority of all members present & voting

⚠ Exam Trap — Majority Confusion

Approval of National Emergency = Special Majority (2/3rd + majority of total membership). Revocation = Simple Majority of LS. Different majorities for passing vs revoking — classic MCQ trap!

🔍 Effects of National Emergency

⛔ Negative Effects

Art. 19 (6 freedoms) suspended
Centre can legislate on State List
President directs State executives
LS term extended by 1 year
Revenue sharing altered

✅ What STAYS Protected

Art. 20 — Protection from conviction
Art. 21 — Right to Life (NEVER suspended)
Writ of Habeas Corpus (post 44th Amend.)
Federal structure (partly)

💡 Quick Recall

Minerva Mills Case (1980) — Emergency subject to Judicial Review. SC can review whether grounds for Emergency were valid. Courts are NOT completely shut out during Emergency.

💡 Quick Recall — Art. 355

Art. 355 — Duty of Union to protect states from external aggression & internal disturbance, and to ensure governance in accordance with Constitution.

🟠 President's Rule (Art. 356 & 365)

Art 356 Failure of Constitutional Machinery
Art 365 State fails to comply with Union's directions
1st imposed: Punjab — 20th June, 1951
Most times: Manipur & Uttar Pradesh — 10 times each

Approval Majority

Simple

Majority in both Houses

Approval Deadline

2 months

After proclamation

Renewal

6 months

Parliamentary approval each time

Max Duration

3 years

Total maximum period

⚠ Exam Trap

National Emergency approval = Special Majority. President's Rule approval = Simple Majority. Revocation of President's Rule = President anytime (no Parliament approval needed). Teen alag-alag rules hain!

⚖️ Effects of President's Rule

Division of Power — Abolished (Centre takes over)
State Council of Ministers → Dissolved / Suspended
Legislative Assembly → Suspended or Dissolved
Fundamental Rights → NO effect (FRs not suspended)
Laws made during President's Rule → Remain valid for 6 months after revocation

Key Cases

S.R. Bommai Case (1994) — President's Rule subject to Judicial Review Most important case — SC can review validity of Art. 356 proclamation
K.K. Babu v. Union of India — Centre's power to give directions to States

⚠ Exam Trap — S.R. Bommai Case

S.R. Bommai (1994) — biggest judgment on Art. 356. SC ne kaha President's Rule arbitrary tarike se nahi laga sakte. Floor test zaroori hai pehle. President's Rule ek last resort hai, pehla option nahi.

🔵 Financial Emergency (Art. 360)

Current Status

NEVER IMPOSED

No Financial Emergency declared in India's history since 1950

Declaration by

President

On advice of Cabinet

Revocation by

President

Any time

Approval

Simple Maj.

Within 2 months

Duration

Unlimited

Parliament renews

Key Provisions During Financial Emergency

Suspension of Union-State tax distribution
Power to reduce salaries & allowances of Union & State employees Including salaries of SC & HC Judges
President can direct States on financial matters
Money Bills of States can be reserved for President's consideration

⚠ Exam Trap

Financial Emergency mein SC & HC judges ki salary bhi reduce ki ja sakti hai — ye normally constitutional guarantee ke against hai (Art. 125). Emergency mein ye exception hai. Financial Emergency kabhi laga nahi — ye theoretical provision hai.

⚖️ Effect on Fundamental Rights — Art. 358 & 359

Art. 358

Only Art. 19 suspended (6 freedoms)
Operates ONLY during war & external aggression
NOT during armed rebellion
Applicable throughout the country
Automatic — no separate order needed

Art. 359

All FRs (except Art. 20 & 21) may be suspended
Both war/external aggression AND armed rebellion
May apply to entire country or part
Requires Presidential Order
Not automatic — needs specific order

🛡️ NEVER SUSPENDED — Even During Emergency

Art. 20

Protection from Conviction

Art. 21

Right to Life & Liberty

⚠ Exam Trap — Art. 358 vs 359

Art. 358 = Automatic, only Art. 19, only war/external aggression. Art. 359 = Presidential Order needed, all FR except 20 & 21, both types of emergency. Dono mein main difference — Armed Rebellion mein Art. 358 apply nahi hota!

💡 Quick Recall

44th Amendment (1978) — Art. 20 & 21 ko explicitly emergency mein bhi protect kiya. Pehle 1975 emergency mein Habeas Corpus bhi suspend ho gaya tha (ADM Jabalpur case). Isliye ye protection add ki gayi.

📊 All 3 Emergencies — Complete Comparison

Feature	🔴 National (352)	🟠 President's Rule (356)	🔵 Financial (360)
Grounds	War / Ext. Aggression / Armed Rebellion	Constitutional failure in State	Threat to financial stability
Declaration by	President (Cabinet recommendation)	President	President
Approval Majority	Special Majority	Simple Majority	Simple Majority
Approval Deadline	1 month	2 months	2 months
Max Duration	Unlimited	3 years max	Unlimited
Renewal	Every 6 months	Every 6 months	Parliament approval
Revocation	Simple Majority of LS	President (anytime)	President (anytime)
Effect on FR	Art. 19 auto-suspended	No effect on FR	No FR suspension
Art. 20 & 21	NEVER suspended ✅	Not affected ✅	Not affected ✅
State Legislature	Continues (Centre takes extra power)	Suspended/Dissolved	Continues
Times Declared	3 times (1962, 1971, 1975)	Multiple (Max: UP & Manipur — 10 each)	Never declared
Key Case	Minerva Mills 1980	S.R. Bommai 1994	—

⚠ Exam Trap — 3 Key Differences

1. Approval: National = Special Majority · Others = Simple Majority. 2. Deadline: National = 1 month · Others = 2 months. 3. Revocation: National = LS Simple Majority · President's Rule & Financial = President anytime.

💬 Criticism of Emergency Provisions

"Fundamental Rights meaningless; Undermines democratic foundation"

— T.T. Krishnamachari

"Risk of misuse for political objectives"

— Dr. B.R. Ambedkar

"President's Rule is a dead letter"

— Dr. B.R. Ambedkar

"Emergency powers of the President — a betrayal of Constitution"

— K.M. Nambiar

⚠ Exam Trap — Ambedkar Quotes

Ambedkar ne dono quotes diye hain — "Risk of misuse" AND "dead letter" (President's Rule ke baare mein). Ye dono alag-alag context mein hain. Dono yaad karo — exam mein dono pooche ja sakte hain!

💡 Quick Recall — 44th Amendment Safeguards

"Armed Rebellion" (not "Internal Disturbance") · Cabinet's written recommendation mandatory · LS can revoke by Simple Majority · Art. 20 & 21 explicitly protected · 6-month renewal required. Ye sab 44th Amendment (1978) ke safeguards hain jo 1975 Emergency ke baad aaye!

🚨 Emergency Provisions