About Emergency
- Emergency Provisions are outlined in Article 352 to Article 360 under Part XVIII of Constitution.
- Emergency is a situation when democratic rights of people are suspended, and central government assumes powers over state governments.
- Suspension of fundamental rights during emergency was incorporated from Weimar Constitution of Germany.
Types of Emergencies
National Emergency: President may, on advice of Cabinet headed by PMr, issue a proclamation of emergency if security of India or any part of country is threatened by “war or external aggression (external emergency) or armed rebellion” (Internal Emergency). (Article 352)
- Till now, three times an emergency has been imposed in India i.e., 1962, 1971 on the grounds of war, and 1975 due to an internal disturbance.
- Note: This ground of “internal disturbance” was substituted by “armed rebellion” by Constitution (44th Amendment) Act, 1978.
- President’s Rule (State or Constitutional Emergency): An emergency due to failure of constitutional machinery in states. (Article 356)
- Financial Emergency: Due to threat to financial stability or credit of India or of any part of territory. (Article 360).
Procedure of Proclamation of Emergency
- Approval:
- It must be approved by both houses of Parliament within one month from date of its issue.
- If approved by both houses, Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.
- Every resolution approving the proclamation of emergency, or its continuance must be passed by either House of Parliament by a special majority. (44th Amendment Act 1978)
- Revocation
- Revoked by President at any time by a subsequent proclamation and does not require parliamentary approval.
- Resolution for disapproval of continuation of National Emergency is required to be passed by Lok Sabha by simple majority.