The Emergency Provisions

Dr. B.R. Ambedkar called Article 32 the "Heart and Soul" of the Constitution, but he called the Emergency Provisions a "Dead Letter"—something he hoped would never be used. History, however, had other plans.

For students of CGL and UPSC, Part XVIII (Articles 352-360) is crucial. It represents the moment India transforms from a Federal structure (where States have power) to a Unitary one (where the Center becomes all-powerful) without a single amendment to the Constitution.

STOP Everything

ARTICLE 352

National Emergency
(War, Aggression, Rebellion)

CAUTION: State Fail

ARTICLE 356

President's Rule
(Constitutional Failure)

SAFE (So Far)

ARTICLE 360

Financial Emergency
(Never Imposed)

1. National Emergency (Article 352)

This is the "Red Light" scenario. It affects the entire nation.

The 3 Grounds for Declaration:

1. War (External)
2. External Aggression (External)
3. Armed Rebellion (Internal)

UPSC/CGL Trap: Originally, the third ground was "Internal Disturbance". This was vague and was misused by Indira Gandhi in 1975. The 44th Amendment Act (1978) changed it to "Armed Rebellion" to prevent future misuse.

Approval Process (Hardest to Pass):

• Must be approved by Parliament within 1 Month.
• Requires a Special Majority (50% of total strength + 2/3rds present and voting).
• Once approved, it lasts for 6 months (can be extended indefinitely).

Effect on You: Your Fundamental Rights under Article 19 (Speech, Assembly, etc.) are automatically suspended (only if emergency is due to War/External Aggression, not Rebellion). Note: Articles 20 and 21 can NEVER be suspended.

2. President's Rule (Article 356)

Also known as "State Emergency". This is the most controversial article in Indian history, used over 125 times.

The Ground: "Failure of Constitutional Machinery." If a State Govt cannot function according to the Constitution, the Center takes over.

CASE STUDY: S.R. BOMMAI vs UNION OF INDIA (1994)

Before 1994, the Center would often dismiss State Governments run by opposition parties for political reasons. The Supreme Court put a stop to this in the Bommai case.

• Judicial Review: The President's decision is NOT absolute; the Court can examine the material behind it.
• Floor Test: The majority must be proved on the floor of the Assembly, not in the Governor's house.
• Secularism: Secularism is a basic feature; states violating it can be dismissed.

3. Financial Emergency (Article 360)

If the credit or financial stability of India is threatened, the President can declare this.

• Approval: Simple Majority within 2 months.
• Duration: Once approved, it continues indefinitely until revoked. No repeated approval needed.
• Effect: Salaries of all government officials (including Supreme Court Judges) can be reduced.

Fun Fact: We came close in 1991 during the Balance of Payments crisis, but it has never been declared in India.

Quick Comparison Table

Feature	National (352)	President's Rule (356)
Grounds	War, Aggression, Rebellion	Failure of Const. Machinery
Approval Time	1 Month	2 Months
Majority Req.	Special Majority	Simple Majority
Max Duration	Indefinite (renew every 6mo)	3 Years (max)
Fund. Rights	Suspended (Except 20, 21)	NOT Suspended

Revision Flashcards

Tap/Hover to check your knowledge.

The 44th Amendment

What word did it remove from Art 352?

"Internal Disturbance"

It was replaced by "Armed Rebellion" to make it harder to declare an emergency on vague grounds.

Time Limit

How long does Parliament have to approve a National Emergency?

1 Month

For President's Rule and Financial Emergency, it is 2 Months.

Article 20 & 21

Can these be suspended?

NEVER.

Even during a National Emergency, your Right to Life (21) and Protection from Conviction (20) remain active.

S.R. Bommai Case

Which Article does this case restrict?

Article 356

It restricted the arbitrary use of President's Rule and introduced Judicial Review for it.

Part of the "Daily Economics & Polity" Series.