[Indian Polity] Emergency Provisions - Indian Polity Study Materials for TNPSC

Emergency Provisions

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.

2. President's Rule [Article 356]

• 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.

3. Financial Emergency [Article 360]

• 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.

 Courtesy: http://indiacode.nic.in/coiweb/welcome.html
Important Facts to Remember

1. Emergency Provisions are included in the Part XVIII (18) of the constitution.
2. Articles - From 352 to 360.
3. There are 3 types of Emergency provisions
1. National Emergency [Article 352]
2. Presidents Rule [Article 356]
3. Financial Emergency [Article 360]

4. Emergency	National	President’s rule	Financial emergency
   Proclaimed by	The President	The President	The President
   Articles	352	356	360
   Other Terms	External Emergency, Internal Emergency, Armed rebellion	State Emergency, Constitutional emergency
   Judicial review	Under the purview of Judical Review  - This provision was added by 44th Constitutional amend act of 1978	Under the purview of Judical Review  - This provision was added by 44th Constitutional amend act of 1978	Under the purview of Judical Review  - This provision was added by 44th Constitutional amend act of 1978
   First Imposed in the Year	1962	1951 in Punjab	Not Yet imposed even for a single time
   Number of Times Imposed	3 Times 1.       1962 2.       1971 3.       1975	Many times in India In Tamil Nadu – 4 times 1.       1976 2.       1980 3.       1988 4.       1991	Zero times
   Time Period for Approval	1 Month	2 Months	2 Months
   Approved by both the houses by	Special Majority	Simple Majority	Simple Majority
   Revocation	1.       When Lok sabha passes a resolution by simple Majority or 2.       President of his own	Only by President	By President
   Maximum Period of Imposition	Indefinite – But needs parliament approval every 6 months	3 years - needs parliament approval every 6 months	Indefinite

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