Emergency Provisions

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1. National Emergency (Article 352)

The President can declare a National Emergency on the grounds of war, external aggression, or armed rebellion. The term 'Armed Rebellion' replaced 'Internal Disturbance' by the 44th Amendment Act (1978).

  • Approval: Must be approved by both Houses of Parliament within one month by a special majority (majority of total strength and 2/3rd of those present and voting).
  • Duration: Once approved, it continues for six months and can be extended indefinitely with periodic approval every six months.
  • Impact on FRs: Under Article 358, FRs under Art 19 are automatically suspended (only if emergency is due to war/external aggression). Under Article 359, the President can suspend the right to move any court for the enforcement of other FRs (except Art 20 and 21).

2. President's Rule (Article 356)

Declared when the constitutional machinery fails in a state (Art 356) or if a state fails to comply with Central directions (Art 365).

  • Approval: Must be approved within two months by a simple majority.
  • Duration: Continues for six months, maximum up to three years. Beyond one year, it requires two conditions (Election Commission certifying difficulty of elections and National Emergency being in operation).
  • Consequences: President dismisses the state council of ministers and the Parliament passes the state budget and bills.

3. Financial Emergency (Article 360)

Declared when the financial stability or credit of India or any part of it is threatened.

  • Approval: Within two months by a simple majority.
  • Duration: Once approved, it continues indefinitely until revoked (no periodic approval required).
  • Consequences: The Centre can direct states to observe canons of financial propriety and reduce salaries of any class of persons, including judges of the SC and HCs.