Emergency Provisions
Articles 352 to 360 of Part XVIII of the Constitution of India dealt
with the provisions regarding the Emergency.
National Emergency(Article 352):
President of India may Proclaim emergeny during the period of war,
external aggression or armed rebellion. As per the Constitution
(Forty fourth) Amendment Act, 1978 the President shall act only on
the written advice of the Union Cabinet consisting the Prime
Minister and other ministers of Cabinet rank. The proclamation of
emergency shall be approved by the Parliament with two-third of the
majority of the members present and voting within a period of one
month. Such proclamation approved by the Parliament shall be in
force for a period of six months. After the expiration of six months
it ceases to exist. The President can extend the proclamation for
another period of six months with the approval of the Parliament.
The national emergency is proclaimed four times i.e. during the
period of Chinese Agression in 1962; during the war period with
Pakisthan in 1965 and 1971; and in June, 1975 due to internal
disturbances. The 44th amendment of the constitution substituted the
words `internal disturbances` with `armed rebellion. During the
period of emergency the federal provisions of the constitution cease
to operate to that extent.
Constitutional Emergency(Article 356):
The Constitutional Emergency under Article 356 is called President`s
Rule. The President on receipt of the report from the Governor satis
fied that the administration in the State is not carried according
to the provisions of the constitution, he may proclain emergency
under this Article. During the perid of emergency the President may
declare that the powers of the State Legislaure shall be exercised
by the Parliament and the President may exercise himself all or any
of the functions of the State or may entrust to the Governor. The
proclamation of emergency under this Article shall be approved by
the both houses of the Parliament within a period of two months.
Such approved proclamation shall be in for for a period of six
months. The President may extend this proclamation for another six
months with the approval of the Parliament. But the proclamation
under this Article shall not be remain in force beyond a period of
three years.
Financial Emergency(Article 360):
The emergency under Article 360 is proclaimed by the President if
he satisfied the financial stability or credit of India or any part
of the territory of India is threatened. The proclamation of
emergency shall be approved by the Parliament with a period of two
months. During the period of emergency the Union Government can
direct any State to observe such canons of financial propriety. The
directions of the Union include the reduction of salaries and
allowances of administrative personnel, reduction of salaries and
allowances of the Chief Justices and other Judges of Supreme Court
and High Courts.