Emergency provisions give special powers to the central government during a crisis. They are borrowed from the Government of India Act, 1935 and the German (Weimar) Constitution. These provisions are in Part XVIII, Articles 352 to 360. There are three types of emergencies.
National Emergency (Article 352)
A National Emergency can be declared on grounds of war, external aggression or armed rebellion. After the 44th Amendment, the term internal disturbance was replaced by armed rebellion. It must be approved by Parliament within one month. It has been declared three times: in 1962, 1971 and 1975.
State Emergency (Article 356)
Also called President's Rule, this is imposed when the constitutional machinery in a state fails. The state then comes under the control of the Centre. It must be approved within two months and can last up to six months at a time, extendable up to three years.
Financial Emergency (Article 360)
A Financial Emergency can be declared if the financial stability or credit of India is threatened. It has never been imposed in India. During it, the Centre can reduce the salaries of government servants, including judges.
Effects of Emergency
- The Centre becomes more powerful than the states.
- Fundamental Rights may be suspended (except Articles 20 and 21).
- The term of the Lok Sabha can be extended.
- The federal structure becomes unitary in nature.
Quick Revision Points
- Emergency provisions are in Articles 352-360.
- Three types: National, State and Financial.
- National Emergency is under Article 352.
- President's Rule is under Article 356.
- Financial Emergency (Article 360) was never imposed.
- National Emergency was declared in 1962, 1971 and 1975.
- Articles 20 and 21 cannot be suspended.