In a federal system of government, power and responsibilities are allocated across various levels of governance. In Indian federalism, under normal circumstances, both the Union and the States operate within clearly defined areas of authority, coordinate their actions, and maintain their independence. However, to respond effectively to urgent situations and unforeseen events, Emergency provisions allow the Union government to transform the federal structure into a unitary system as specified by the constitution.

The Emergency provisions are outlined in Part XVIII of the Indian Constitution, encompassing Articles 352 to 360. The emergency measures included in India’s Constitution were derived from both the Weimar Constitution (Germany) and the Government of India Act 1935. These provisions have been significantly revised through the 42nd Constitutional Amendment Act (1976) and the 44th Constitutional Amendment Act (1978).

Types of Emergency provisions in the Indian Constitution 

Emergency situations as defined in the Indian Constitution are declared by the President, with actions carried out in his name; however, the Prime Minister and the council of ministers exercise authority on his behalf. The Constitution specifies three types of Emergency, as described below:

1. National Emergency under Article 352
2. State Emergency (popularly known as President Rule) under Article 356
3. Financial Emergency under Article 360.

National Emergency under Article 352

As stated in Article 352, a National emergency may be declared in India under three specific circumstances: 

1. War; 
2. External Aggression;  and 
3. Armed Rebellion (Note: It’s important to note that the 44th Constitutional Amendment of 1978 changed the term “Internal Disturbance” to “Armed Rebellion.”)

A national emergency can be declared for the entire country or for any specific region. The President of India has the authority to declare a national emergency prior to the actual onset of war, external aggression, or armed rebellion if he believes there is an imminent threat.

• When a national emergency is declared due to war or external aggression, it is termed an ‘External Emergency’, and when it is declared due to Armed Rebellion, it is referred to as an ‘Internal Emergency’.
• The declaration of a national emergency requires a written recommendation from the Cabinet, a provision that was introduced by the 44th Constitutional Amendment Act of 1978. 
• To date, a national emergency has been proclaimed three times in the nation:

Approval of  National Emergency by Parliament 

• Condition 1: Approval from both Houses of Parliament must be secured within one month of the proclamation of the national emergency. Previously, this approval period was two months, but the 44th Constitutional Amendment changed it to one month.
• Condition 2: If the national emergency is proclaimed and the Lok Sabha is either dissolved or dissolves within one month without approval, the proclamation remains valid for up to 30 days following the first meeting of the newly formed Lok Sabha, provided the Rajya Sabha has approved it in the meantime.
• Required majority: The proclamation of an emergency or its continuation must receive approval from each House of Parliament through a special majority, which consists of a majority of the total membership of the House and at least two-thirds of those present and voting.

Duration of the National Emergency

Initially, in the original Constitution, once approved by Parliament, the emergency could remain in effect for as long as the executive desired. Nevertheless, the 44th Constitutional Amendment of 1978 introduced a requirement for periodic approval every six months, allowing for an indefinite extension with parliamentary approval.

Revocation of the National Emergency

The President has the authority to revoke a National Emergency at any point without needing Parliament’s approval. Nonetheless, the 44th Constitutional Amendment of 1978 introduced certain safeguards:

• If the Lok Sabha is in session and passes a resolution to end the national emergency, the President must adhere to that resolution and revoke the emergency.
•  If the Lok Sabha is not in session and one-tenth of the total members submit a written request to the President, a special session must be convened within 14 days for the purpose of revocation.

It is important to understand that only the Lok Sabha can pass a resolution to disapprove of the national emergency, which requires a simple majority of the members present and voting.

Effects of National Emergency

The consequences can generally be categorized into three main groups:

On Centre-state relations 

The declaration of a national emergency affects the relations between the center and the states by altering the federal nature of their relationship to a unitary one. This impact can be analyzed in the following manner:

• Legislative relations: During this time, Parliament has the authority to legislate on state subjects outlined in the seventh schedule. The states’ power to legislate remains active, but it is subject to the superior authority of Parliament; if any conflict arises between a law enacted by the state legislature and one passed by Parliament, the law enacted by Parliament takes precedence. Laws formulated by Parliament concerning state subjects during a national emergency become invalid six months after the emergency ends. Additionally, if Parliament is not in session, the President may also issue an ordinance on state subjects.
• Executive relations: In the event of a National Emergency, the Central government gains the authority to issue executive orders to a state on any issue. The State’s executive powers remain in effect but are superseded by the directives from the Centre.
• Financial relations: The President has the authority to alter how revenues are shared between the Centre and the states. Nevertheless, each Presidential decree must be presented before the Parliament.

On the Life of Lok Sabha and State Assembly

The Lok Sabha’s term can be prolonged beyond its typical five-year duration through legislation by Parliament, allowing for extensions of one year at a time. Such an extension can occur for various durations; however, it will terminate six months following the revocation of the national emergency. 

• For example, the Fifth Lok Sabha (1971-1977) had its term extended twice for one year each. Likewise, the Parliament can also prolong the duration of the state legislature one year at a time. 

On the Fundamental Rights

• Article 358: It addresses the suspension of rights guaranteed under Article 19. According to Article 358, when a national emergency is declared, the rights under Article 19 are automatically suspended. However, the 44th Constitutional Amendment of 1978 introduced two additional conditions:
  • When a national emergency is declared due to war or external aggression (not due to Armed Rebellion), the rights under Article 19 are automatically suspended.
  • Only laws associated with emergencies are shielded from legal challenges in courts, not other legislation.
• Article 359: It grants the President the power to halt the ability to approach any court for the enforcement of Fundamental Rights during a national emergency. This means that while the rights themselves are not suspended, their enforcement is temporarily halted, limited to the rights specified in the Presidential order. The enforcement suspension can last for a short time or until the end of the National Emergency. However, the Presidential order must be submitted to Parliament for approval. The 44th Constitutional Amendment of 1978 placed two restrictions on Article 359: 
  • The Fundamental Rights under Article 20 (Right to protection against conviction for offenses) and Article 21 (Right to Life and Personal Liberty) cannot be suspended and remain enforceable even during a state of emergency. 
  • Only laws pertinent to emergencies are protected from challenges, not other laws.