Proclamation of Emergency in India

Proclamation of Emergency in India

Proclamation of Emergency under Article 352

Conditions for Proclamation

• President can proclaim an emergency under Article. 352 in case of war, external aggression, or armed rebellion or threat thereof, only on recommendation of the Cabinet.

Parliamentary Approval and Duration

Approval by Parliament

• Every such proclamation must be laid before Parliament, and it ceases to be in operation unless it is approved by resolutions of both Houses of Parliament with a special majority within one month from the date of its issue.

Duration of Emergency

• The proclamation gets a fresh lease of 6 months from the date it is approved by both Houses of Parliament.

Scope: After the 44th Amendment

• After the 44th amendment, the proclamation of emergency under Article. 352 can be made in respect of the whole of India or only a part thereof.

Powers of the Union During Emergency

Directions to States

• During the proclamation of an emergency, the Union can give directions to any State regarding the exercise of the executive power.

[Ref. Art. 353 (a)]

Extension of Lok Sabha Tenure

• During an emergency, Parliament can extend the normal life of the Lok Sabha for one year at a time, and not exceeding 6 months after the proclamation has ceased to operate.

• The normal life of the Lok Sabha was extended only once in 1976.

Power to Legislate on State Subjects

• During an emergency, Parliament can legislate regarding State subjects.

Financial Powers During an Emergency

During an Emergency, the President can modify the provisions of the Constitution relating to the allocation of financial resources [Art. 268-279] between the Union and the States by his own Order.

Such an Order is subject to approval by Parliament [Art. 354] and has no effect beyond the financial year in which the Proclamation itself ceases to operate.

Effects on Fundamental Rights

Suspension of Fundamental Rights

• Art. 358 provides that the rights provided by Art. 19 would be non-existent against the State during a state of emergency.

• Under Art. 359, the right to move the Courts for the enforcement of the rights can be suspended by Order of the President.

Rights Not Suspended

• Articles 20 & 21 cannot be suspended during an emergency.

Historical Instances of Emergency

• The first proclamation of emergency under Art. 352 was made by the President on October 26, 1962, in view of Chinese aggression in the NEFA.

• For the first time on June 25, 1975 proclamation of emergency under Article. 352 was made on the ground of "internal disturbance".

Emergency for Failure of Constitutional Machinery

Conditions for Proclamation

• A proclamation of emergency for failure of constitutional machinery can be made by the President when the Constitutional Government of the State cannot be carried on for any reason.

[Ref. Art. 356]

Centre’s Powers During Emergency

State Government Not Suspended under Art. 352

• During an Emergency under Art. 352, the Centre does not have the power to suspend the State Government.

President's Rule under Art. 356

• In case of failure of the Constitutional machinery, the State Legislature is suspended and the executive authority of the state is assumed by the President in whole or in part.

• This is popularly called the 'President's rule'.

Legislative Powers under Emergency

Under a proclamation of emergency under Art. 352, Parliament can legislate in respect of state subjects only by itself, but under a proclamation under Article. 356 of the other kind, it can delegate its power to the legislature of the State, to the President, or any other authority specified by him.

Duration of President’s Rule

Proclamation of emergency for failure of constitutional machinery can be extended by Parliament up to three years.

[Art. 356(4), Provision 1]

Final Thoughts

The Proclamation of Emergency under the Indian Constitution shows how the Union is given extra powers to handle critical national situations like war or external aggression. At the same time, Parliamentary approval and time limits ensure that these powers are not misused.

The 44th Amendment brought in key safeguards, allowing emergency powers to be applied only where necessary and protecting important Fundamental Rights like Articles 20 and 21.

Understanding how financial powers, legislative authority, and state–centered relations change during an emergency helps in seeing the flexibility of the Constitution. It also highlights the balance between national security and democratic freedoms, making it clear that emergency provisions are meant to be temporary and closely monitored.