The approval, renewal, and revocation of emergencies in India involve specific processes outlined in the Constitution. The three types of emergencies are National Emergency (Article 352), State Emergency (President’s Rule – Article 356), and Financial Emergency (Article 360).
1. National Emergency (Article 352):
Approval:
- Proclamation Approval: A proclamation of National Emergency must be approved by both houses of Parliament within one month of its issuance.
- Special Majority: The approval requires a special majority, which means a majority of the total membership of each house and a majority of not less than two-thirds of the members present and voting.
Renewal:
- Six-Month Extension: Once approved, the proclamation is initially valid for six months.
- Parliamentary Approval: The President can extend the National Emergency beyond six months with parliamentary approval. Each extension requires fresh approval from both houses.
Revocation:
- Revocation by the President: The President has the authority to revoke the National Emergency proclamation when satisfied that the threat has ceased.
- Parliamentary Approval for Revocation: If the Lok Sabha (lower house of Parliament) is dissolved or if the dissolution takes place during the emergency, the proclamation of National Emergency can continue for one month, and its revocation requires approval from the Rajya Sabha (upper house) within that period.
2. State Emergency (President’s Rule – Article 356):
Approval:
- Proclamation Approval: The proclamation of President’s Rule must be approved by both houses of Parliament within two months of its issuance.
- Simple Majority: Unlike National Emergency, the approval requires a simple majority, i.e., a majority of the members present and voting.
Renewal:
- Six-Month Extension: Similar to National Emergency, the initial proclamation of President’s Rule is valid for six months.
- Parliamentary Approval: It can be extended beyond six months with parliamentary approval. Each extension requires fresh approval from both houses.
Revocation:
- Revocation by the President: The President has the authority to revoke the proclamation of President’s Rule when satisfied that the constitutional machinery is restored.
- Parliamentary Approval for Revocation: Similar to National Emergency, if the Lok Sabha is dissolved, the proclamation can continue for up to two months, and its revocation requires approval from the Rajya Sabha within that period.
3. Financial Emergency (Article 360):
Approval:
- Proclamation Approval: The proclamation of Financial Emergency must be approved by both houses of Parliament within two months of its issuance.
- Simple Majority: Similar to State Emergency, the approval requires a simple majority.
Renewal:
- Six-Month Extension: The proclamation is initially valid for two months.
- Parliamentary Approval: It can be extended beyond two months with parliamentary approval. Each extension requires fresh approval from both houses.
Revocation:
- Revocation by the President: The President has the authority to revoke the proclamation of Financial Emergency when satisfied that the financial stability is restored.
- Parliamentary Approval for Revocation: If the Lok Sabha is dissolved, the proclamation can continue for up to two months, and its revocation requires approval from the Rajya Sabha within that period.
These processes ensure that the imposition and continuation of emergencies are subject to regular scrutiny, parliamentary approval, and constitutional safeguards. The inclusion of parliamentary approval is a key feature to prevent the misuse of emergency powers and to uphold democratic principles.
