Introduction
The framers of the Indian Constitution were deeply influenced by historical events like the Partition, World Wars, and political unrest in other nations. To deal with situations that threaten the unity, integrity, or financial stability of India, they provided Emergency Provisions under Part XVIII (Articles 352 to 360).
These provisions grant special powers to the Union government during critical times, ensuring swift and decisive action. However, they also come with constitutional safeguards to prevent misuse.
Types of Emergencies in India
There are three types of emergencies in the Indian Constitution:
1. National Emergency (Article 352)
Declared when:
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There is war, external aggression, or armed rebellion (earlier called internal disturbance).
Key features:
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Can be proclaimed by the President on written advice of the Cabinet.
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Parliament’s term can be extended.
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Centre can direct States on all matters (even those in the State List).
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Fundamental Rights under Article 19 are automatically suspended.
Historical Instances:
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1962 – Indo-China war.
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1971 – Indo-Pak war.
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1975 – Declared by Indira Gandhi on grounds of "internal disturbance" (highly controversial).
2. President’s Rule / State Emergency (Article 356)
Invoked when:
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State government fails to function constitutionally (breakdown of constitutional machinery).
Effects:
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President takes over the functions of the State.
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State legislature is either suspended or dissolved.
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Parliament makes laws for the State.
Criticism:
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This provision has been misused for political gains, especially during the 1970s–1990s.
3. Financial Emergency (Article 360)
Can be declared when:
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Financial stability or credit of India or any part of it is threatened.
Effects:
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Central authority can reduce salaries and allowances (including of judges).
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States may be required to reserve funds.
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Not yet declared in Indian history.
Procedure for Proclamation
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The President issues the emergency on written advice of the Council of Ministers.
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The Parliament must approve the proclamation:
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National Emergency: within 1 month, then every 6 months.
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President’s Rule: within 2 months, can last up to 3 years with conditions.
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Revocation: President can revoke an emergency anytime; doesn’t need Parliament's approval.
Effects on Governance
1. Shift to Unitary System
During emergency:
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India becomes more centralized.
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Centre assumes control over State functions.
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Laws passed during emergency may override State laws.
2. Suspension of Fundamental Rights
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In National Emergency, Article 19 (freedom of speech, etc.) gets suspended automatically.
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Other rights (except Articles 20 & 21) can be suspended through Article 359.
Safeguards and Amendments
After the misuse of emergency powers during 1975–77, the 44th Constitutional Amendment Act (1978) brought key safeguards:
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"Internal disturbance" changed to "armed rebellion".
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Emergency must be approved by both Houses within 1 month.
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Rights under Articles 20 & 21 (protection in criminal laws) cannot be suspended even during emergency.
Recent Trends and Judicial Views
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Judicial Review: In the SR Bommai case (1994), the Supreme Court ruled that President’s Rule is subject to judicial review.
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The trend now emphasizes cooperative federalism, limiting emergency use to genuine needs.
Conclusion
Emergency provisions in the Indian Constitution reflect the need to balance authority with accountability. They empower the Union to maintain national integrity during grave crises, yet also include legal and constitutional safeguards to prevent misuse.
The true test of these provisions lies not just in their execution but in their restraint — using them only when the nation truly requires extraordinary measures, while preserving democratic rights and federal harmony.