EMERGENCY POWERS (Part XVIII, Articles 352–360)

The Constitution provides the Central government with extraordinary powers to deal with emergencies. There are three types of emergencies:

  1. National Emergency (Article 352):
  • A national emergency can be declared in case of war, external aggression, or armed rebellion. During a national emergency, the fundamental rights under Articles 19 can be suspended, and the distribution of powers between the Centre and States can be altered.
  1. State Emergency (Article 356):
  • Also known as President’s Rule, a state emergency can be declared if the President believes that the government in a state cannot function according to the Constitution. The state legislature is dissolved or suspended, and the Centre takes over.
  1. Financial Emergency (Article 360):
  • This can be declared if the financial stability or credit of India or any part of it is in danger. During this emergency, the salaries of government officials, including judges, can be reduced.

Key Terms

  • National Emergency (Article 352): Declared in cases of war, external aggression, or armed rebellion.
  • President’s Rule (Article 356): Central control of a state due to the failure of constitutional governance.
  • Financial Emergency (Article 360): Declared when the financial stability of India is threatened.
  • Suspension of Fundamental Rights: Certain rights can be suspended during a national emergency.
  • Parliamentary Approval: Requirement for emergency declarations to be approved by Parliament within a specific time frame.
  • Unitary Features: The shift in power from states to the Centre during emergencies.

Review Questions

  1. Under what circumstances can a National Emergency be declared?
  2. How does the President’s Rule affect the governance of a state?
  3. What are the financial implications of a Financial Emergency?
  4. What changes occur in the distribution of powers during a National Emergency?
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