PSC Chronicles Team

Part XVIII (Articles 352 to 360) deals with Emergency provisions. They empower Centre to assume extraordinary powers to deal with war, armed rebellion, constitutional breakdown, and financial crisis, transforming federal structure into unitary during emergencies.

Three types: (1) National Emergency under Article 352, (2) President’s Rule (State Emergency) under Article 356, (3) Financial Emergency under Article 360. Each has distinct grounds, procedure, and effects.

Original grounds were war, external aggression, internal disturbance. 44th Amendment 1978 substituted ‘armed rebellion’ for internal disturbance to prevent misuse as in 1975. Requires written Cabinet advice.

Article 352(1): President proclaims by written proclamation. Since 44th Amendment, only on written recommendation of Union Cabinet, not merely PM.

Article 352(4): must be approved by both Houses within one month from proclamation. Originally 2 months, reduced to 1 month by 44th Amendment to ensure early parliamentary scrutiny.

44th Amendment introduced special majority for proclamation and continuance, making it harder to misuse. Same majority required for extension every 6 months.

Once approved, continues for 6 months. Can be extended indefinitely with fresh parliamentary approval every 6 months by special majority.

Article 352(2)(a): President may revoke by another proclamation. Additionally, 44th Amendment: Lok Sabha can disapprove by simple majority, President must revoke.

Article 352(7): if Lok Sabha passes resolution disapproving continuation, President must revoke. Only simple majority needed, giving Lok Sabha check.

Article 352(8): if 1/10th of Lok Sabha members give written notice, Speaker (or President if House not in session) must convene special sitting within 14 days.

Article 358: when emergency on war/external aggression, Article 19 automatically suspended. 44th Amendment excluded armed rebellion from automatic suspension to prevent 1975-type curbs.

Article 359: President by order may suspend enforcement of FRs (except Articles 20 and 21 after 44th Amendment) during emergency. Must be laid before Parliament.

44th Amendment protected right to life and protection in criminal prosecution from suspension, correcting 1975 excesses where ADM Jabalpur allowed suspension.

Articles 250, 353: Parliament gains power to legislate on State List, Centre can direct states, President may modify Articles 268-279 revenue distribution, and extend Union executive power.

Article 83(2) proviso: Parliament may extend Lok Sabha life by up to 1 year during emergency, not beyond 6 months after emergency ends. Similar for Assemblies under Article 172.

Proclaimed 26 Oct 1962 during Sino-Indian war, continued till Jan 1968. Second in 1971 (Bangladesh war), third in 1975 (internal disturbance).

25 June 1975 by President Fakhruddin Ali Ahmed on PM Indira Gandhi’s advice citing internal disturbance. Led to 44th Amendment replacing term with armed rebellion.

Enacted 1978 by Janata government to prevent misuse: Cabinet written advice mandatory, parliamentary approval within 1 month by special majority, Lok Sabha disapproval provision, protection of Articles 20-21, and limited Art 19 suspension.

Article 356: if President satisfied that state government cannot be carried on per Constitution, on Governor’s report or otherwise, can assume state functions.

Article 356(1): breakdown of constitutional machinery. Article 365: failure to comply with Union directions also triggers.

Article 356(3): proclamation must be approved by both Houses within 2 months, else ceases. Approval by simple majority.

Initially 6 months. Can be extended every 6 months up to maximum 3 years, subject to conditions after 1 year.

44th Amendment: beyond 1 year, extension only if National Emergency in force in whole India or state, and EC certifies holding elections impracticable.

Article 356(4) as amended: 3 years maximum. Punjab and J&K had extended beyond via amendments historically.

Article 357: Parliament may confer legislative power on President, or authorize President to delegate to any authority. President may also authorize Parliament to make laws.

President may dissolve Assembly or keep suspended. Supreme Court in S.R. Bommai (1994) held dissolution should normally follow after parliamentary approval.

9-judge bench held proclamation subject to judicial review on grounds of mala fides, irrelevant considerations, violation of secularism. Burden on Centre to justify. Restored federal balance.

Court held secularism is basic feature; state government pursuing anti-secular policies can be dismissed under Article 356.

UP and Manipur have seen most impositions (>9 times). First imposition in Punjab 1951.

Article 360: if President satisfied that financial stability or credit of India threatened.

Never invoked in India, though 1991 crisis nearly prompted discussion.

Article 360(3)(4): directions to states, reduction of salaries, require money bills reserved for President.

Article 360(2): must be approved by Parliament within 2 months by simple majority.

No maximum period prescribed; continues until revoked by President.

Article 355 is basis for Articles 356 and 352; justifies central intervention.

After 44th Amendment, automatic suspension of Article 19 only for war/external aggression, not armed rebellion.

44th Amendment immunized right to life and protection in respect of conviction from suspension.

Ensures continuity of government during crisis.

Same 1-year extension provision.

38th Amendment made it non-justiciable; 44th Amendment deleted that clause, restoring judicial review as confirmed in Minerva Mills.

Made President’s satisfaction final. Reversed by 44th.

42nd Amendment 1976 widened central powers, later curtailed by 44th.

Two mechanisms: Art 358 for Art 19, Art 359 for others.

ADM Jabalpur (1976) held habeas corpus could be suspended; overruled by 44th Amendment and later jurisprudence.

44th Amendment mandates Cabinet communication in writing, preventing unilateral PM advice as in 1975.

Article 352(3): every proclamation must be laid before Parliament.

Article 352(4) proviso: if Lok Sabha dissolved, Rajya Sabha approval within 1 month, Lok Sabha must approve within 30 days of first sitting after reconstitution.

Article 354: President by order can modify revenue distribution provisions during emergency.

Article 353(a): during emergency, Union executive extends to giving directions on how state executive to be exercised.

1951 in Punjab due to unstable government.

President assumes functions of state government, Governor administers on his behalf.

Nehru government dismissed EMS Namboodiripad ministry, first major misuse, criticized as political.

Court mandated floor test, prohibited dissolution before parliamentary approval, allowed judicial review.

HC quashed imposition, SC upheld, emphasizing floor test.

Provides constitutional basis for President’s Rule for non-compliance.

Article 360(3): President can direct states to observe financial propriety and other safeguards.

Article 360(4)(b): President may direct reduction of salaries of all persons serving Union including judges, unlike National Emergency where judges protected.

1975 Emergency saw widespread use of Article 356.

Formal proclamation issued by President under seal.

Article 250: Parliament gains competence for duration of emergency, laws cease 6 months after emergency ends.

Article 250(2): automatic lapse after 6 months, preserving federal balance.

GOI Act 1935 provided provincial emergency; Weimar Constitution influenced suspension of rights.

Dr Ambedkar defended as necessary for security, but B.R. Ambedkar called it ‘dead letter’ hope.

42nd Amendment allowed proclamation for part of India; retained after 44th.

Enables targeted response without nationwide suspension.

Simple majority sufficient for disapproval resolution under Article 352(7).

Article 359(3): every order must be laid before each House.

Article 358: state can make laws violating Article 19, and executive actions cannot be challenged on that ground during war/external aggression emergency.

Rights remain but enforcement suspended; after 44th, Articles 20-21 enforceable.

3 Dec 1971 during Bangladesh liberation war; continued alongside 1975 emergency.

Janata government revoked both proclamations in 1977.

Termed constitutional emergency due to breakdown of constitutional machinery.

Article 356(1): President may act on Governor’s report or otherwise, allowing central initiative.

After abrogation of Article 370, J&K as UT under President’s Rule before elections.

Unlike National Emergency, only simple majority needed under Article 360.

Article 360(3): after proclamation, states’ financial bills reserved for President.

Intended as safety valve, though prone to misuse, hence safeguards added by 44th Amendment.

Prevents unilateral decision as in 1975.

Struck down clause barring review, restoring basic structure.

Bommai judgment curbed misuse, requiring floor test and justification.

Courts held policy differences or failure to pass bill not ground for 356.

President may modify distribution of revenues between Union and states.

Article 83 proviso requires parliamentary law.

Article 172 proviso.

Constitution is federal in normal times, unitary in emergencies.

Security-related grounds only.

Internal state governance failure.

Economic crisis.

Each requires approval within specified time, ensuring legislative oversight.

1975 experience led to safeguards.

38th Amendment sought to immunize emergency from courts.

Strengthened Centre during Emergency era, partly reversed by 44th.

Restored democratic safeguards post-Emergency.

Article 358 allows laws violating Article 19 during war/external aggression emergency.

44th Amendment ensures even during emergency, no person deprived of life/liberty without law, and no ex post facto punishment.

Infamous judgment holding right to life suspended; overruled later.

Puttaswamy explicitly overruled ADM Jabalpur, affirming right to life inviolable.

Judicial review available post-Bommai.

Centre must justify material for satisfaction.

Bommai emphasized floor test; Nabam Rebia reiterated Governor cannot bypass assembly.