The Emergency provisions in Indian constitution enables the central government to have more power to face any unforeseen situation effectively.Aim:
To safeguard the sovereignty and to tackle the security threat to the country including financial crisis.3 Types of Emergencies
1. National Emergency [Article 352]
- When the security of India or of any part of the territory is threatened, whether by war or external aggression (External Emergency) or armed rebellion (Internal Emergency), the president can declare national emergency.
- The president can proclaim the national emergency even before its actual occurrence if the President is satisfied that there is imminent danger.
- The President can proclaim the president's rule in a state if the president, on receipt of a report from the Governor of a State or otherwise (even without the report), is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
- The President can declare a Financial emergency, if the President is satisfied that a situation
- has arisen whereby the financial stability or credit of
- India or of any part of the territory thereof is threatened.
Important Facts to Remember
- Emergency Provisions are included in the Part XVIII (18) of the constitution.
- Articles - From 352 to 360.
- There are 3 types of Emergency provisions
- National Emergency [Article 352]
- Presidents Rule [Article 356]
- Financial Emergency [Article 360]
- EmergencyNationalPresident’s ruleFinancial emergencyProclaimed byThe PresidentThe PresidentThe PresidentArticles352356360Other TermsExternal Emergency, Internal Emergency, Armed rebellionState Emergency, Constitutional emergencyJudicial reviewUnder the purview of Judical Review - This provision was added by 44th Constitutional amend act of 1978Under the purview of Judical Review - This provision was added by 44th Constitutional amend act of 1978Under the purview of Judical Review - This provision was added by 44th Constitutional amend act of 1978First Imposed in the Year19621951 in PunjabNot Yet imposed even for a single timeNumber of Times Imposed3 Times1. 19622. 19713. 1975Many times in IndiaIn Tamil Nadu – 4 times1. 19762. 19803. 19884. 1991Zero timesTime Period for Approval1 Month2 Months2 MonthsApproved by both the houses bySpecial MajoritySimple MajoritySimple MajorityRevocation1. When Lok sabha passes a resolution by simple Majority or2. President of his ownOnly by PresidentBy PresidentMaximum Period of ImpositionIndefinite – But needs parliament approval every 6 months3 years - needs parliament approval every 6 monthsIndefinite