Emergency Powers of the Government

INTRODUCTION

The Indian Constitution allows the President to proclaim an emergency. India borrowed emergency powers from the Weimar Constitution of Germany. Constitution of India proposed emergency of the following three types:

• Article352- National Emergency
• Article356- State Emergency ( president’s rule)
• Article360- Financial Emergency

NATIONAL EMERGENCY

• Under Article 352, the President holds the power to proclaim an emergency when a grave emergency exists and the security of India or any part of the territory faces the threat of war, external aggression or armed rebellion.
• Proclamation of emergency is only possible on the written advice of the Union cabinet.
• A special majority is necessary to approve an emergency resolution.
• Once approved, an emergency will operate for a maximum period of six months.
• Lok Sabha holds the right to disapprove the operation of national emergency at any time; only if 1/10th members of Lok Sabha submit in writing to the President or the Speaker their intention to disapprove the proclamation. A call for a special session of the Lok Sabha within fourteen days is a necessary, whereby voting by a simple majority in favour of revoking the proclamation would be decisive.

AMENDMENTS

• 38th Constitutional Amendment Act 1975:

President holds the right to proclaim an emergency on different grounds and even in the case where an emergency is still operational.

• 42nd Constitutional Amendment Act 1976:

President holds the right to modify national emergency. Earlier, only the imposition of national emergency over the complete territory of India or revocations was possible.

 This amendment enabled him to impose an emergency over a part of the country.

• 44th Constitutional Amendment Act 1978: 

It’s enactment took place to prevent the abuse of emergency power via the executive.

EFFECTS OF NATIONAL EMERGENCY

• On Executive- State government are continued to operate but under the effective control of the central government and shall abide by such directions.
• On Legislature- State legislatures are continued to operate with the function of the legislation. Parliament also assumes concurrent legislative power-on state subjects.
• On Financial relations- President can control the distribution of revenues.
• On Fundamental Rights- under Art358, President is allowed to suspend Art.19 (which protects freedom from speech, association, movement, and movement) in case of military conflict.

Under Art 359, the President is also permitted to suspend the right of citizens to move courts for the enforcement of the fundamental rights (except for Articles 20 and 21).

 STATE EMERGENCY (PRESIDENT’S RULE)

As per Article 355, the Union must protect every State against external aggression and internal disturbance and to secure that the Government of every State is carried on in consonance with the provisions of the Constitution.

Under Article 356, the President is permitted to proclaim only when the administration/government of the state cannot be continued in accordance with the provisions of the constitution. President can ‘assume/take over all or any of the functions of the Government of the State’ upon himself and the powers of the Legislature of the State will be exercised by or under the authority of Parliament.

EFFECTS OF PRESIDENT RULE (STATE EMERGENCY)

• On Executive- State government is ousted and the executive power of the state is exercised by the center.
• On Legislature- State legislature does not function to legislate; state legislative assembly is either suspended or dissolved.
• On Financial relation- There is no impact on the distribution of financial resources between the center and the state.

AMENDMENTS

1.42nd Constitution Amendment Act, 1976: It extended the duration of state emergency from 6 months to 1 year.

2. 44th Constitution Amendment Act, 1978: It returned the operation of state emergency to 6 months. Further, extensions beyond 1 year are not permitted unless there is an emergency to national security. And even when these conditions are met, proclamation still cannot be extended beyond 3 years.

FINANCIAL EMERGENCY

Under article 360- Upon satisfaction, the President is allowed to proclaim an emergency when a situation arises whereby the financial stability of India or any part of the territory is threatened. This emergency is never imposed in India till date.

Proclamation of such emergency must be laid before Parliament and will expire after two months, unless extended by resolutions approved by both Houses.

EFFECT OF FINANCIAL EMERGENCY

• Reduction in salaries of public officials including Judges.
• Money Bills passed by States are ‘reserved for the consideration of the President’.