The emergency provisions in the Indian Constitution are primarily outlined in Part XVIII (Articles 352 to 360).
- Article 352: National Emergency:
- Specifies the grounds on which the President can proclaim a National Emergency when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion.
- Article 353: Effect of Proclamation of Emergency:
- Provides that the executive power of the Union extends to giving directions to any state regarding the manner in which its executive power is to be exercised during a National Emergency.
- Article 354: Application of provisions relating to distribution of revenues while a proclamation is in operation:
- Allows the President to make provisions for the distribution of revenues between the center and the states during a National Emergency.
- Article 355: Duty of the Union to protect states against external aggression and internal disturbance:
- Places a duty on the Union to protect every state against external aggression and internal disturbance.
- Article 356: State Emergency (President’s Rule):
- Specifies the grounds on which the President can assume to himself the functions of the government of a state or to vest those functions in the hands of the Governor, with or without the dismissal of the state government.
- Article 357: Exercise of legislative powers under Proclamation issued under Article 356:
- Allows the President, when a State Emergency is in operation, to confer powers on Parliament to make laws for the state or any part thereof.
- Article 358: Suspension of provisions of Article 19 during emergencies:
- Authorizes the suspension of certain rights guaranteed by Article 19 (Protection of certain rights regarding freedom of speech, etc.) during a proclamation of emergency under Article 352.
- Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies:
- Empowers the President to suspend the enforcement of fundamental rights under Part III (Fundamental Rights) during a proclamation of emergency under Article 352.
- Article 360: Financial Emergency:
- Specifies the grounds on which the President can proclaim a Financial Emergency when the financial stability or credit of India or any part thereof is threatened.
These articles collectively provide the constitutional framework for the declaration and management of emergencies in India, ensuring a balance between maintaining the security and integrity of the nation and safeguarding individual rights and federal principles.