In India, the President is granted emergency powers under the provisions of the Constitution to deal with exceptional situations. These emergency powers are specified in Articles 352, 356, and 360. Each article deals with a different type of emergency—national emergency, President’s Rule in states, and financial emergency, respectively.
1. Article 352: National Emergency:
- Declaration of Emergency:
- Article 352 empowers the President to declare a state of emergency if he/she is satisfied that the security of India or any part thereof is threatened by war or external aggression or armed rebellion.
- The President can proclaim a national emergency only on the written advice of the Prime Minister and the Council of Ministers.
- Effect of Emergency Proclamation:
- Once a national emergency is proclaimed, the President can issue orders to suspend the fundamental rights guaranteed by Part III of the Constitution. However, certain rights, including the right to life and personal liberty, cannot be suspended.
- The President can also modify the distribution of revenues between the Union and the states during the emergency.
- Duration and Approval:
- A proclamation of a national emergency must be approved by both Houses of Parliament within one month. If approved, the emergency can be in operation for six months initially and can be extended indefinitely in six-month intervals with parliamentary approval.
- Revocation:
- The President has the authority to revoke a proclamation of national emergency at any time. The revocation also requires parliamentary approval.
2. Article 356: President’s Rule in States:
- Proclamation of President’s Rule:
- Article 356 allows the President to assume control over the administration of a state if he/she is satisfied that the governance in the state cannot be carried out in accordance with the provisions of the Constitution.
- The President can act on the report of the Governor of the state or otherwise ascertains the failure of constitutional machinery in the state.
- Effect of President’s Rule:
- During President’s Rule, the powers of the state government are transferred to the President, and the Governor becomes the President’s representative in the state.
- The state legislative assembly is either dissolved, or its functioning is suspended, and the President can promulgate ordinances on matters within the state list.
- Duration and Approval:
- The proclamation of President’s Rule is initially valid for six months, and it must be approved by both Houses of Parliament within that period. If approved, it can be extended for a maximum of three years in intervals of six months.
- Revocation:
- The President can revoke the proclamation of President’s Rule at any time, either on the recommendation of the Governor or on the advice of the Council of Ministers.
3. Article 360: Financial Emergency:
- Proclamation of Financial Emergency:
- Article 360 allows the President to proclaim a financial emergency if he/she is satisfied that the financial stability or credit of India or any part thereof is threatened.
- This provision has never been invoked in the history of India.
- Effect of Financial Emergency:
- The President can issue directions for the reduction of salaries and allowances of all or any class of persons serving in the Union, including judges of the Supreme Court and High Courts.
- The President can also direct the reduction of salaries and allowances of the judges of the Supreme Court and High Courts.
- Duration and Approval:
- A proclamation of financial emergency must be approved by both Houses of Parliament within two months. If approved, it can be in operation for a maximum of two months initially and can be extended indefinitely in two-month intervals with parliamentary approval.
- Revocation:
- The President has the authority to revoke a proclamation of financial emergency at any time.
It’s important to note that the exercise of emergency powers is subject to judicial review, and any decision taken by the President during an emergency can be challenged in the courts on grounds of constitutional validity. The emergency provisions are meant to be exceptional measures to deal with extraordinary situations and are expected to be used sparingly and judiciously.
