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Emergency Provisions in Indian Constitution, National, Financial & State Emergency

Emergency Provisions in Indian Constitution

The Government of India Act 1935 served as the inspiration for the emergency provision in the Indian Constitution. Articles 352 through 360 of Part 18 of the Indian Constitution discuss emergency measures and deal with emergency situations in India. A state of emergency transfers all authority to the central government.

The Emergency Provision in the Indian Constitution is an important part of Indian Polity which an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

Emergency Provisions in Indian Constitution History

When deciding the extreme circumstances under which the President may declare an emergency, the Constitution’s founders were faced with a conundrum. Casteism, communalism, and religious hostility were all detrimental throughout India’s pre-independence era.

A confrontation with Pakistan emerged after the monarch of Kashmir was overthrown. Hyderabad and Junagarh have expressed opposition to joining the Indian Union. The Indian government created Article 352 to address the problem and stop any separatist activity.

Socialist governments were emerging in India after independence, and the workers’ and farmers’ communist movements in Telangana were becoming more widespread. In order to shield legislative processes from severe emergencies and to assure safety, Article 356 was enacted. Dr. B.R. Ambedkar later added Article 360 to the list to stabilize the nation’s financial situation, which was rapidly deteriorating along with its foreign currency reserves and branches.

Also Read: Financial Emergency

Emergency Provisions of Indian Constitution Part 18

Under Part 18 of the constitution, where particular articles have been drafted, the emergency provisions of the Indian constitution are mentioned. An essential supplement that discusses the many emergency scenarios that can arise in India is the emergency article.

  • Article 352 was added to the constitution to address emergency situations brought on by external threats like war or armed insurrection.
  • Article 356 addressed the President’s declaration of an emergency as a result of the broken constitutional mechanism.
  • Article 360 – Because the nation’s financial stability was in jeopardy, this article was added to deal with the financial emergency. Dr. B.R. Ambedkar added it considerably later.

Emergency Provisions & Types of Emergency

The purpose of the emergency provisions is to ensure that the country is prepared for emergencies and that the necessary actions may be performed should they arise. These emergency clauses in the Indian Constitution were included in an effort to safeguard the nation’s integrity, sovereignty, and general security as well as to provide the necessary framework for the President to declare a national emergency. Three sorts of emergencies have been identified based on the three articles that were created to address emergency situations, as shown below:

  • National Emergency
  • Constitutional Emergency/State Emergency
  • Financial Emergency

National Emergency

When the security of the country is threatened by external or internal elements like war, armed revolt, or other hostile acts, a National Emergency is declared under Article 352 of the Indian Constitution. An “External Emergency” is what it is known as when a National emergency is declared as a result of an external threat.

On the other hand, it is referred to as an “Internal Emergency” if such an emergency is declared as a result of a “armed rebellion”. Even prior to an incident occurring, the President has the authority to proclaim a national emergency. When India was at war with China in 1962, the first National Emergency was established. Indira Gandhi then proclaimed an additional “Internal Emergency” at that time.

Constitutional Emergency or President’s Rule

Article 356 specifically addresses the situation of a “state emergency,” sometimes known as a “constitutional emergency” because it denotes a breakdown in the nation’s constitutional framework. According to Article 356 of the Indian Constitution’s emergency clause, the central government performs all governmental duties. The President’s Rule is yet another name for this. The President is granted special authority over the state under the President’s Rule. Under Prime Minister Indira Gandhi, the President’s Rule has been in effect a total of 35 occasions.

Financial Emergency

In order to take control of the situation and prevent panic among the populace while the nation is experiencing a financial crisis, the President of India may declare an emergency. Article 360, which allows the application of the emergency provisions, can be used to address a financial emergency.

The salaries and allowances of government officials are anticipated to be reduced in the event of a financial emergency. India has not yet had a financial emergency. Although it was anticipated that there may be financial turbulence in 1991. Without needing to proclaim a state of emergency, the Indian government handled the problem quickly.

Emergency Provisions & 44th Amendment of Indian Constitution

A law was introduced in 1978 that became the Indian constitution’s 44th amendment. A few amendments to the emergency clauses in the Indian constitution were brought about by this act. The 42nd Amendment Act, which first made several changes against the will of the people, was the inspiration behind this amendment. The 44th Amendment Act of the Indian Constitution was thus introduced in order to further revise those adjustments and change them once more in accordance with the national interest.

44th Amendment Act of 1978 Key Point

The Act initially stipulates that any alterations to the fundamental structure of the constitution may only be made with the consent of the populace, which may be determined by a majority vote. Article 368 amendments could be used to achieve this. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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Emergency Provisions in Indian Constitution

How many types of emergency provisions in the constitution of India?

The President can declare three types of emergencies — national, state and financial emergency in a state.

What is emergency under Article 356 of the Constitution of India?

Article 356 gives wide powers to the Union government to assert its authority over a state if civil unrest occurs and the state government does not have the means to end it.

What is Article 354 of the Constitution of India?

Article 354 empowers the central government to make funding allocations within the centre-state financial arrangements besides those stated in Article 268–279.

Why Article 20 and 21 not suspended during emergency?

After the 44th Amendment Act, it was agreed by the Court that in any case no person can be stripped of his right to life and personal liberty. Therefore Articles 20 and 21 cannot be suspended even in case of an emergency.

What are the three types of emergency in the Constitution?

Emergency in the Indian Constitution can be differentiated as National Emergencies, State Emergencies, and Financial Emergencies.

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