The Indian Constitution gives three types of emergency provisions to President or the authority to declare three types of emergencies: National Emergency, State Emergency and Financial Emergency.
What is the definition of emergency?
An emergency is a situation which arises due to the failure of the government machinery which causes or demands immediate action from the authority.
According to the Black Law’s Dictionary, “Emergency is a situation which requires quick action and immediate notice as such a situation causes a threat to the life and property in the nation. It is a failure of the social system to deliver reasonable conditions of life”
What is Emergency?
- Emergency means a failure of social system or social life to deliver the reasonable conditions of life.
- It means some circumstances arose suddenly that needs immediately action by public authority.
- Part 18 of Indian Constitution contains Emergency provisions.
- Emergency Provisions are borrowed from Constitution of Germany.
Emergency Provisions with the President
In India President has the authority to declare three types of Emergency: –
- National Emergency (Article 352-355)
- State Emergency (Article 356-359)
- Financial Emergency (Article 360)
National Emergency
Article 352 of Indian Constitution deals with National emergency. National Emergency can be declared over the entire territory of India or any part of thereof. The national emergency deals with constitutional provisions to be applied, whenever there is an extraordinary situation that may threaten the peace, security, stability and governance of the country or a part thereof.
A president can impose national emergency in the following situations: –
- When the President is not satisfied with the security of India,
- When there is any threat of war,
- External aggression
- Armed rebellion
Procedure to impose National Emergency: –
- It is imposed after receiving a written request by the Council of Ministers headed by Prime Minister.
- President also have Suo Moto power to declare national emergency.
- The declaration of the national emergency must be approved by both the houses of the parliament within the declaration.
- If the declaration of emergency did not get majority of votes from both the houses then the declaration will be revoked at that point of time only.
- For the approval of the emergency resolution, a special majority is required.
- The proclamation of National Emergency may continue for a period of six months.
- The president may revoke it any time when he feels that the situation is getting better.
- If even after six months of the declaration of the emergency the situation is not getting better than for the further continuance of Emergency a resolution should be passed by either house of the parliament.
- A special majority of not less than 2/3rd member of the house is required for the same.
Effects of the National Emergency: –
- After the declaration of national emergency the full-fledged control of the state will be in the hands of the Union government.
- Six fundamental rights mentioned under Article 19 are suspended during the national emergency.
- The president may also suspend right to move to the court for the enforcement of the fundamental rights i.e. Article 32 and 226.
- If anyone feels national emergency is declared without any sufficient reason then there are provisions for the review of the same.
- National Emergency constitutional validity can be challenged in a court of law.
State Emergency
Article 356 of Indian Constitution deals with State emergency. When the President is satisfied on Governor’s report that the situation has arises when the government can’t be carried in accordance with the constitutional provision (breakdown of law and order, mal-administration, political instability, increase of corruption) then he may impose State Emergency.
Procedure for the declaration of State Emergency: –
- It is imposed after receiving a report from the governor.
- After the declaration of emergency approval from both the houses of the parliament are required within two months of the declaration.
- For the approval of the emergency, a special majority is required for the same.
- The declaration of state emergency may continue for a period of six months.
- It can be revoked or further extended by the parliament as per the situation.
Effects of State Emergency: –
- All the executive powers of state comes in the hand of President.
- During the state emergency, the state assembly is either dissolved or suspended.
- The Union government has absolute control over the state except the judiciary.
- If anyone feels that the state emergency is declared without any sufficient reason then there are provisions for the review of the same.
- The constitutional validity of the state emergency can be challenged in a court of law.
Financial Emergency
Article 360 of Indian Constitution deals with Financial Emergency. When the President is satisfied that the financial stability of India is threatened or if there is any threat to the economy, then he may impose Financial Emergency.
Procedure for the declaration of Financial Emergency: –
- After the declaration of emergency approval from both the houses of the parliament are required within two months of the declaration.
- The declaration of Financial Emergency remain in force till revoked by the president. It do not have any fixed period.
Effects of Financial Emergency: –
- All the executive powers of the state comes in the hand of the President.
- The president has power to give directions to reduce salary or allowance of persons serving the state or union including judges of Supreme Court.
- During this time, all the money bill or financial bill are kept on hold or reserved for the consideration of president.