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Topic: Emergency Provisions
A country faces threats to its security both from outside and
inside. Union Government requires additional powers to deal with such situations
called emergencies. In a federal government, the need for such emergency
provisions is even greater as federal government, by virtue of sharing powers
with the provincial (state) governments, enjoys relatively limited powers. Part
XVIII of the Constitution (Articles 352 — 360) deals with emergency. Thus,
emergency refers to a pattern of governance when the national security is
threatened.
Members of the Constituent Assembly believed that “the danger
of a grave emergency arising in this country is not merely theoretical; it is
very real”. In the words of Alladi Krishnaswami Ayyar, “we are in grave and
difficult times”. They were convinced of the need for a strong Centre which
could effectively deal with emergency situations.
Indian Constitution recognizes three types of emergency
1. National emergency (Art. 352)
2. Financial Emergency (Art. 360)
3. State Emergency or President’s rule or Central Rule (Art.356)
National Emergency
Following are the features of the national emergency
- It can be imposed under Art. 352
- If the President is satisfied that a grave emergency exists whereby the
security of India or of any part of the territory thereof is threatened. - Three grounds are given based on which emergency can be imposed: war or
external aggression or armed rebellion - President may declare national emergency in respect of the whole of
India or part of the territory - Proclamation may be made before the actual occurrence of war or of any
such aggression or rebellion, if the President is satisfied that there is
imminent danger. - Union Cabinet consisting of the Prime Minister and other Ministers of
Cabinet rank should communicate the same in writing to the President. This
provision ensures that Prime Minister, without the approval of the Union
Cabinet can not recommend - Parliament should ratify the proclamation by special majority, within a
month. Special majority is two thirds of the members present and voting
which is not less than half of the total membership of the House (“total
membership” means the total number of members comprising the House
irrespective of whether there are vacancies or absentees on any account).
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If any such proclamation is issued at a time when the House
of the People has been dissolved or the dissolution of the House of the People
takes place during the period of one month and if a resolution approving the
Proclamation has been passed by the Council of States, but no resolution with
respect to such Proclamation has been passed by the House of the People before
the expiration of that period, the Proclamation shall cease to operate at the
expiration of thirty days from the date on which the House of the People first
sits after its reconstitution, unless before the expiration of the said period
of thirty days a resolution approving the Proclamation has been also passed by
the House of the People.
In short, if the Lok Sabha can not ratify it within 30 days for any reason,
the proclamation must be passed by Rajya Sabha in 30 days and by Lok Sabha
within 30 days after its first meeting.
- After being ratified by both the Houses, emergency will last for 6
months from the date of ratification by the latter of the two houses. - It can be extended by Parliament, at a time for six months and as many
times as necessary. Ratification by each House by special majority is
required for extension by six months each time. - The 44th Amendment Act in 1978 replaced the expression ‘internal
disturbance’ with ‘armed rebellion’. Armed rebellion, according to the
Supreme Court poses a threat to security of the country while internal
disturbance does not Emergency can be imposed only when there is a threat to
national security.
Revocation of Proclamation
Emergency can be revoked by President at any time by a subsequent
proclamation.Such a proclamation doesn’t require the Parliamentary approval.
President must revoke emergency if the Lok Sabha passes a
resolution disapproving its continuation. Lok Sabha has the power to initiate
proceedings for the discontinuation of the emergency. A notice in writing signed
by not less than one-tenth of the total members Lok Sabha can be issued with
‘the intention to move a resolution for disapproving the continuance in force of
emergency. It should be addressed to the Speaker, if the House is in session; or
to the President, if the House is not in session. A special sitting of the House
shall be held within fourteen days from the date on which such notice is
A country faces threats to its security both from outside and
inside. Union Government requires additional powers to deal with such situations
called emergencies. In a federal government, the need for such emergency
provisions is even greater as federal government, by virtue of sharing powers
with the provincial (state) governments, enjoys relatively limited powers. Part
XVIII of the Constitution (Articles 352 — 360) deals with emergency. Thus,
emergency refers to a pattern of governance when the national security is
threatened.
Members of the Constituent Assembly believed that “the danger
of a grave emergency arising in this country is not merely theoretical; it is
very real”. In the words of Alladi Krishnaswami Ayyar, “we are in grave and
difficult times”. They were convinced of the need for a strong Centre which
could effectively deal with emergency situations.
Indian Constitution recognizes three types of emergency
1. National emergency (Art. 352)
2. Financial Emergency (Art. 360)
3. State Emergency or President’s rule or Central Rule (Art.356)
National Emergency
Following are the features of the national emergency
- It can be imposed under Art. 352
- If the President is satisfied that a grave emergency exists whereby the
security of India or of any part of the territory thereof is threatened. - Three grounds are given based on which emergency can be imposed: war or
external aggression or armed rebellion - President may declare national emergency in respect of the whole of
India or part of the territory - Proclamation may be made before the actual occurrence of war or of any
such aggression or rebellion, if the President is satisfied that there is
imminent danger. - Union Cabinet consisting of the Prime Minister and other Ministers of
Cabinet rank should communicate the same in writing to the President. This
provision ensures that Prime Minister, without the approval of the Union
Cabinet can not recommend - Parliament should ratify the proclamation by special majority, within a
month. Special majority is two thirds of the members present and voting
which is not less than half of the total membership of the House (“total
membership” means the total number of members comprising the House
irrespective of whether there are vacancies or absentees on any account).
If any such proclamation is issued at a time when the House
of the People has been dissolved or the dissolution of the House of the People
takes place during the period of one month and if a resolution approving the
Proclamation has been passed by the Council of States, but no resolution with
respect to such Proclamation has been passed by the House of the People before
the expiration of that period, the Proclamation shall cease to operate at the
expiration of thirty days from the date on which the House of the People first
sits after its reconstitution, unless before the expiration of the said period
of thirty days a resolution approving the Proclamation has been also passed by
the House of the People.
In short, if the Lok Sabha can not ratify it within 30 days for any reason,
the proclamation must be passed by Rajya Sabha in 30 days and by Lok Sabha
within 30 days after its first meeting.
- After being ratified by both the Houses, emergency will last for 6
months from the date of ratification by the latter of the two houses. - It can be extended by Parliament, at a time for six months and as many
times as necessary. Ratification by each House by special majority is
required for extension by six months each time. - The 44th Amendment Act in 1978 replaced the expression ‘internal
disturbance’ with ‘armed rebellion’. Armed rebellion, according to the
Supreme Court poses a threat to security of the country while internal
disturbance does not Emergency can be imposed only when there is a threat to
national security.
Revocation of Proclamation
Emergency can be revoked by President at any time by a subsequent
proclamation.Such a proclamation doesn’t require the Parliamentary approval.
President must revoke emergency if the Lok Sabha passes a
resolution disapproving its continuation. Lok Sabha has the power to initiate
proceedings for the discontinuation of the emergency. A notice in writing signed
by not less than one-tenth of the total members Lok Sabha can be issued with
‘the intention to move a resolution for disapproving the continuance in force of
emergency. It should be addressed to the Speaker, if the House is in session; or
to the President, if the House is not in session. A special sitting of the House
shall be held within fourteen days from the date on which such notice is