Emergency provisions under the constitution of India.

  

Emergency provisions under the constitution of India.

By swatee Shukla 

Emergency provisions are provided in part XVIII of the constitution from articles 352 to 360. When an emergency is declared, the federal system of the government is converted into a single, unitary system, and all rules and regulations are issued by the parliament which is the union legislature. During an emergency state, all the powers of the state government get transferred into the hands of the union government. Even the fundamental rights of a citizen get suspended. Other than the fundamental rights stated in articles 20 and 21, all the other fundamental rights remain suspended during the period of emergency. The duration of emergency is initially for a period of six months, and if the parliament fails to extend the term of emergency within that period, the period is extended automatically for one month, but if parliament extends the period of emergency within that period, it can do so for another period of six months, and another period of six months thereafter. 

There are three kinds of emergency namely – national emergency, president’s rule in the state, and financial emergency. Article 352 of the constitution of India contains the provision for a national emergency. This is a situation where the security of India is threatened by reasons of war or external aggression or internal armed rebellion. The president can impose such emergencies even before the actual crisis has been broken. Under article 352 of the Indian constitution, the president can declare such an emergency only based on written requests by the council of ministers headed by the prime minister. Such a proclamation must be approved by parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval. In such an emergency, the fundamental rights of citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the right to life and personal liberty can not be suspended even during an emergency.  The parliament can make laws on the 66 subjects of the state list ( which contains subjects on which the state government can make laws). Also, all money bills are referred to parliament for its approval. The term of the Lok sabha can e extended by a period of up to one yea, but not to extend the term of parliament beyond six months after the end of the declared emergency. 

Unser article 356, emergency for a breakdown of constitutional machinery has been provided. This emergency can be declared by the president on the report of the governor of the state and occurs when there is a breakdown of constitutional machinery in the state. The concerned state’s legislature is suspended, and executive authority is vested in the president ( except for those powers that are vested in the high court). That is why such a situation is called ‘president’s rule in the state.’ 

Article 360 contains a financial emergency. This emergency can be declared when the financial stability of the nation is threatened. In such cases, the president can declare a reduction in the salaries and allowances of the government employees. Till now this emergency has not been declared in India.