Emergencies Under the Indian Constitution: Power, Purpose & Constitutional Safeguards

The Constitution of India is built on democratic principles- liberty, federalism, and separation of powers. However, the framers of the Constitution also understood that the nation may face situations where normal governance would not be enough. To preserve the unity and security of the country, they introduced a unique mechanism: Emergency provisions under Part XVIII (Articles 352–360).

These provisions give the Central Government extraordinary powers during crises but also include safeguards to prevent misuse. Emergencies have shaped India’s political history, making them an important area of constitutional study.

Why Do Emergency Provisions Exist?

The purpose of emergency provisions is to allow the Central Government to respond effectively to:

• Threats to national security

• Internal disturbances

• Financial instability

• Breakdown of constitutional machinery in states

But these powers are not absolute. They are subject to judicial review, parliamentary approval, and public scrutiny.

Types of Emergencies Under the Constitution

The Constitution contains three types of emergencies:

• National Emergency — Article 352

• State Emergency (President’s Rule) — Article 356

• Financial Emergency — Article 360

Each operates in different situations and has different effects.

1. National Emergency (Article 352)

A National Emergency can be declared when there is a threat to India’s security due to:

• War

• External aggression

• Armed rebellion (earlier "internal disturbance" before the 44th Amendment)

Approval Requirement

• Must be approved by both Houses of Parliament within 1 month.

• Must be passed by a special majority (50% of total membership + 2/3rd present and voting).

Duration

It can continue for six months at a time after approval.

Effects of National Emergency

• The Centre gains extensive control over states.

• Fundamental Rights under Article 19 are automatically suspended.

• The President may suspend the right to approach courts under Article 359 (except Articles 20 and 21).

Case Law: ADM Jabalpur v. Shivkant Shukla (1976)

During the Emergency of 1975, the Supreme Court held that citizens had no right to approach courts for enforcement of fundamental rights. This judgment is widely criticized today and later overruled.

Case Law: Minerva Mills v. Union of India (1980)

The Court held that Emergency powers cannot destroy Basic Structure, strengthening judicial protection against misuse.

History: National Emergencies Declared

India has seen three national emergencies:

1. 1962 — China war

2. 1971 — India-Pakistan war

3. 1975–77 — Internal Emergency (most controversial)

2. State Emergency (President’s Rule) — Article 356

Article 356 allows the President to impose President’s Rule in a state if:

• The state government cannot be run constitutionally

• The Governor reports a breakdown of machinery

• A state fails to comply with the Constitution

Effects of President’s Rule

• State government and assembly are dissolved/suspended.

• The Centre takes direct control through the Governor.

• Parliament makes laws for the state.

Duration

• Initially for 6 months

• Can be extended up to 3 years in special conditions

• Requires approval every 6 months

Case Law: S.R. Bommai v. Union of India (1994)

A landmark case that restricted misuse of Article 356.Key rulings:

• Presidential Proclamation is subject to judicial review.

• Floor tests must decide majority, not Governor’s opinion.

• Article 356 cannot be used for political reasons.

This judgment is the backbone of federalism in India.

Facts: Frequency of President’s Rule

Since independence, Article 356 has been used over 125 times, often criticized for political misuse before the Bommai judgment.

3. Financial Emergency (Article 360)

A Financial Emergency may be declared if India faces a situation that threatens the financial stability or credit of:

• The country, or

• Any part of the territory

Effects of Financial Emergency

• Reduction of salaries of government employees

• Financial decisions of states come under Central control

• The President may require states to implement financial measures suggested by the Centre

Notable Fact

India has never declared a Financial Emergency to date.

Constitutional Safeguards Against Misuse of Emergency Powers

After the misuse of Emergency powers in 1975, the 44th Constitutional Amendment introduced strong safeguards:

• Written advice of the Cabinet is mandatory

The President cannot act solely on the Prime Minister’s advice.

• Article 19 rights restored

Suspension of Article 19 is allowed only for war or external aggression, not for "armed rebellion".

• Courts cannot be completely barred

Rights under Articles 20 and 21 cannot be suspended.

• Lok Sabha can revoke Emergency

If 10% members of Lok Sabha demand a special meeting, it must be convened.

• Emergency must be approved every 6 months

Ensuring parliamentary control.

Why Emergency Provisions Are Still Necessary?

Despite criticism, emergencies are vital because they help the government handle:

• Major wars

• Cross-border terrorism

• Nationwide riots

• Large-scale natural disasters

• Economic collapse

But their usage must always be cautious, constitutional, and accountable.

Conclusion

Emergency provisions in the Indian Constitution are among the most powerful tools granted to the Central Government. They aim to protect the nation during extraordinary situations but history has shown that unchecked power can lead to misuse.

Case laws like Minerva Mills and S.R. Bommai ensure that emergency powers do not destroy democracy or federalism. The Constitution, strengthened by amendments and judicial review, ensures that emergencies remain a shield for the nation, not a weapon against its people.