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Emergency provisions under constitution

 Emergency and the Constitution


Emergency Provisions


The Emergency Provisions are entioned from Article 352 to Article 360 of the Indian Constitution. According to the Indian Constitution, there are three circumstances in which an emergency may be proclaimed 


  • National Emergency: In times of war or armed rebellion.

  • State Emergency: In times of breakdown of constitutional machinery in the states. 

  • Financial Emergency: When there is a financial crisis in the government.


National Emergency (Article 352)

  • Grounds 

The President may make a proclamation of national emergency when the security of the country is threatened by armed rebellion, war or external aggression. The proclamation may be made for the whole of India or any part of India. 

  • Method 

The proclamation is made on the advice of the Prime Minister and his Council of Ministers. The proclamation will lapse within one month, unless it is extended by a resolution of Parliament. With the approval of Parliament, the emergency can be extended for six months. The resolution should be passed by a 2/3rd majority of those present and voting and this should not be less than 50% of the total membership of each house,

  • Revocation 

A proclamation of emergency can be revoked if the Lok Sabha passes a resolution disapproving it.



State Emergency (Articles 356 and 365)


The President may proclaim an emergency in a state of India when the Governor of a state reports to him that the government of the state cannot be carried on in accordance with the constitution, or when he is satisfied that such a condition exists.

 A proclamation of emergency under these grounds will be valid for two months. If it is laid before each house of Parliament and passed by a special majority, it can be extended for six months. However, it cannot be extended for more than three years altogether. A proclamation of emergency under these grounds has the following effects

  • Effects


The President may assume the powers of the Governor of the state. Parliament may authorize the President to delegate these powers to any other body specified. 

The President may declare that the powers of the state legislature shall be exercised by the parliament. Parliament may give the President the power to make laws for the state.

The President may make other provisions which are necessary for the emergency He may authorize expenditure from the Consolidated Fund of India if the Lok Sabha is not in session, pending its sanction.


Financial Emergency (Article 360)


When the financial stability or credit of India or of any part of India is under threat, the President may proclaim a financial emergency, The proclamation of emergency will be in effect for two months. During a financial emergency the Centre may give directions to the State Government about financial matters so that financial stability is preserved. This may include, for example reduction of salaries of judges of the High or Supreme Court; or preserving all money bills for the consideration of the President.



Conclusion


These are the types of emergencies which are specified under the constitution of India.
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