The Constitution of India empowers the central government to declare emergencies during critical situations to maintain the nation’s integrity, security, and governance. These emergencies, described in Articles 352 to 360, allow the central government to take decisive control, impacting both central and state levels. Here’s a breakdown of the types of emergencies, their conditions, and the historical facts related to each.
Types of Emergencies in the Indian Constitution
1. National Emergency (Article 352)
2. President’s Rule (State Emergency) (Article 356)
3. Financial Emergency (Article 360)
1. National Emergency (Article 352)
What It Entails:
A National Emergency can be declared by the President of India when:
- There is a threat of war or external aggression.
- There is an armed rebellion within the country.
- During a National Emergency:
- The power of the central government extends significantly over state governments.
- Fundamental rights under Article 19 can be suspended.
- The Union Parliament can legislate on all matters, even those on the State List.
- Approval and Duration:
- The President declares a National Emergency, which must be approved by both Houses of Parliament within one month.
- Once approved, it can last for six months and can be extended indefinitely with further parliamentary approval every six months.
- Historical Examples:
- 1962 (Indo-China War): India declared its first National Emergency due to Chinese aggression. This emergency remained until 1968, marking the longest duration for any National Emergency.
- 1971 (Indo-Pak War): A second National Emergency was declared when Pakistan’s military conflict with India escalated.
- 1975 (Internal Disturbance): Perhaps the most infamous, this National Emergency was declared by then-Prime Minister Indira Gandhi, citing internal disturbances. It lasted 21 months, and during this period, many political leaders were jailed, and press freedom was heavily restricted.
2. President’s Rule (State Emergency) – Article 356
What It Entails:
President’s Rule, or State Emergency, occurs when the President of India, upon the Governor’s recommendation, finds that a state government cannot function as per constitutional requirements. This often arises from:
- A breakdown of law and order.
- Political instability or inability to form a stable government.
- Failure to comply with constitutional directions given by the Union.
- Approval and Duration:
- President’s Rule must be approved by both Houses of Parliament within two months.
- It can remain for six months initially and be extended up to a maximum of three years with repeated parliamentary approval every six months.
Historical Facts:
Since independence, President’s Rule has been imposed more than 100 times in various states, making it the most frequently used emergency provision.
Notable Examples:
- Punjab (1987): President’s Rule was imposed due to insurgency issues, making Punjab one of the states with the longest durations under President’s Rule, lasting nearly five years.
- Bihar (2005): President’s Rule was imposed after a hung assembly made it impossible to form a government.
- Jammu and Kashmir (2018): Following the breakdown of the coalition government, President’s Rule was imposed in the region, lasting until the state’s reorganization into Union Territories.
3. Financial Emergency (Article 360)
What It Entails:
A Financial Emergency can be declared if the President believes that India’s financial stability or credit is threatened. During a Financial Emergency:
- The President can direct states to reduce salaries and financial expenditures, even of high-ranking officials.
- The Union can assume greater control over state finances to prevent economic instability.
- Approval and Duration:
- Similar to other emergencies, a Financial Emergency declaration must be approved by both Houses of Parliament.
- Once approved, a Financial Emergency remains in effect indefinitely unless revoked by the President.
Historical Context:
India has never declared a Financial Emergency despite several economic crises. The provision remains an untested yet significant part of the Constitution, reserved for extreme financial circumstances that could impact the nation’s stability.
1. How many times has President’s Rule been imposed in India?
Since India’s independence, President’s Rule has been imposed approximately 132 times as of recent counts. This provision, under Article 356 of the Constitution, is used when a state government cannot function as per constitutional guidelines.
Here’s a breakdown of some instances for clarity:
- Punjab: Faced President’s Rule 8 times, especially during periods of insurgency and political instability.
- Uttar Pradesh: Has had President’s Rule 10 times, largely due to political deadlocks and breakdowns in governance.
- Bihar: Experienced President’s Rule 9 times, most notably in 2005 when no party could form a stable government.
- Jammu and Kashmir: Underwent President’s Rule multiple times, with a notable instance from 2018 to 2019 after the coalition government collapsed.
- This frequency reflects how President’s Rule has often been a tool to restore or maintain order when states face governance crises.
2. Discuss the duration limits and parliamentary approval requirements for a National Emergency.
When the President of India declares a National Emergency under Article 352, it must be approved by both Houses of Parliament within one month of the declaration. Once approved, a National Emergency can last for six months. However, it can be extended indefinitely, with further approval required from Parliament every six months. Notable National Emergencies in India occurred during the Indo-China war (1962), the Indo-Pak war (1971), and the 1975 Emergency due to internal disturbances.
3. Explain the conditions under which a Financial Emergency can be declared in India and its impact on state finances.
A Financial Emergency, as per Article 360, can be declared if the President of India perceives a threat to the financial stability or credit of India or any part of it. Although no Financial Emergency has been declared in India’s history, its impact would be significant:
- The President can direct states to reduce salaries, including those of government officials and judges.
- States may be required to reorganize financial allocations to ensure national financial stability.
- The central government assumes greater control over state finances to manage the economic situation and prevent further crisis.
4. Which Article of the Indian Constitution deals with the suspension of fundamental rights during an emergency?
During a National Emergency (Article 352), the President has the authority to suspend fundamental rights under Article 19. In addition, Article 359 empowers the President to suspend the right to move any court for the enforcement of certain fundamental rights during an emergency, with exceptions for Articles 20 and 21, which protect against retrospective criminal penalties and ensure the right to life and personal liberty. This suspension of rights is aimed at allowing the government to take unrestricted actions necessary to protect national security.
