The Indian Constitution provides for three types of emergencies under Part XVIII (Articles 352 to 360), each with specific grounds for declaration. These emergencies are National Emergency (Article 352), State Emergency (President’s Rule – Article 356), and Financial Emergency (Article 360).
1. National Emergency (Article 352):
- Grounds for Proclamation:
- War: A National Emergency can be declared if there is war or external aggression or when there is an armed rebellion in the country.
- External Aggression: The threat of external aggression, whether actual or anticipated, can be a ground for declaring a National Emergency.
- Armed Rebellion: If there is an armed rebellion within the country, posing a threat to the security and stability of the nation, a National Emergency can be proclaimed.
- Criteria for Declaration:
- The President must be satisfied that the security of India or any part thereof is threatened by these specified grounds.
- Effect on Fundamental Rights:
- During a National Emergency, the President can suspend the enforcement of fundamental rights guaranteed by Articles 14, 19, 21, and 22.
- Duration and Parliamentary Approval:
- A proclamation of National Emergency must be approved by both houses of Parliament within one month.
- Initially, it is valid for six months and can be extended indefinitely with parliamentary approval every six months.
2. State Emergency (President’s Rule – Article 356):
- Grounds for Proclamation:
- The President can declare a State Emergency when the constitutional machinery in a state fails to function as per the provisions of the Constitution.
- This may occur due to issues such as the breakdown of law and order, political instability, or the inability of the government to carry on its responsibilities.
- Criteria for Declaration:
- The President must be satisfied that the governance in a state cannot be carried out in accordance with the provisions of the Constitution.
- Effect on State Governance:
- During President’s Rule, the powers of the state government are transferred to the President or a Governor appointed by the President.
- The state legislative assembly may be dissolved, and the Governor exercises executive authority on behalf of the President.
- Duration and Parliamentary Approval:
- The proclamation of President’s Rule initially lasts for six months and can be extended with parliamentary approval for a maximum period of three years.
3. Financial Emergency (Article 360):
- Grounds for Proclamation:
- The President can declare a Financial Emergency if they are satisfied that the financial stability or credit of India or any part thereof is threatened.
- This usually pertains to situations where the economic well-being of the country is in jeopardy.
- Criteria for Declaration:
- The President must be satisfied about the threat to the financial stability or credit of India.
- Effect on Financial Matters:
- During a Financial Emergency, the President can issue directions to the states regarding financial matters and the distribution of revenues.
- The President can also give directions to reduce the salaries and allowances of government officials.
- Duration and Parliamentary Approval:
- The proclamation of Financial Emergency must be approved by the Parliament within two months.
- It can be in force for an indefinite period, subject to parliamentary approval every six months.
These emergency provisions in the Constitution are designed to address exceptional circumstances and threats to the nation’s security, stability, and financial well-being. The use of emergency powers is subject to checks and balances, including parliamentary approval and judicial review, to prevent misuse and safeguard constitutional principles.
