National Emergency

Constitutional Provisions

• Article 352: Provides for the declaration of a National Emergency.
• Conditions for Declaration:
  • War
  • Warlike situation
• Duration:
  • Can be declared for 6 months initially.
  • Can be extended by Parliament for 6 months at a time.
  • No limit on the number of extensions.
• Consequences:
  • Article 19 (Fundamental Rights) is suspended.
  • President’s powers are expanded.
  • Central Government assumes control over State Governments.

Amendments

• 44th Amendment Act, 1978:
  • Introduced Article 352A to restrict the power of the President to declare a National Emergency.
  • Requires Parliament’s approval for the declaration.
  • Limits the duration of the emergency to 6 months initially.
  • No automatic extension beyond 6 months without parliamentary approval.
• Important Date:
  • 1975: The Indira Gandhi Government declared a National Emergency, which is often referred to as the “Emergency” period.

Key Facts for Exams

• National Emergency is the most serious type of emergency.
• Article 352 is the main provision for National Emergency.
• 44th Amendment is crucial for understanding the limitations on emergency powers.
• Example: The 1975 Emergency is a classic example of the misuse of National Emergency powers.

State Emergency

Constitutional Provisions

• Article 356: Provides for the declaration of a State Emergency (also known as President’s Rule).
• Conditions for Declaration:
  • Failure of constitutional machinery in a State.
• Duration:
  • Can be declared for 6 months initially.
  • Can be extended by Parliament for 6 months at a time.
  • Maximum duration is 6 months without parliamentary approval.
• Consequences:
  • Governor assumes control of the State Government.
  • State Legislature is suspended.
  • President’s Rule is imposed.

Amendments

• 44th Amendment Act, 1978:
  • Introduced Article 356A to restrict the power of the President to declare a State Emergency.
  • Requires Parliament’s approval for the declaration.
  • Limits the duration of the emergency to 6 months initially.
  • No automatic extension beyond 6 months without parliamentary approval.

Key Facts for Exams

• State Emergency is also known as President’s Rule.
• Article 356 is the main provision for State Emergency.
• 44th Amendment is crucial for understanding the limitations on emergency powers.
• Example: The Assam Movement (1979-1980) led to the imposition of President’s Rule in Assam.

Financial Emergency

Constitutional Provisions

• Article 360: Provides for the declaration of a Financial Emergency.
• Conditions for Declaration:
  • A situation that threatens the financial stability or credit of India.
• Duration:
  • Can be declared for 6 months initially.
  • Can be extended by Parliament for 6 months at a time.
  • No limit on the number of extensions.
• Consequences:
  • President’s powers are expanded.
  • All state governments are required to follow the guidelines issued by the Central Government.
  • Financial discipline is enforced across the country.

Amendments

• 44th Amendment Act, 1978:
  • Introduced Article 360A to restrict the power of the President to declare a Financial Emergency.
  • Requires Parliament’s approval for the declaration.
  • Limits the duration of the emergency to 6 months initially.
  • No automatic extension beyond 6 months without parliamentary approval.

Key Facts for Exams

• Financial Emergency is the least used type of emergency.
• Article 360 is the main provision for Financial Emergency.
• 44th Amendment is crucial for understanding the limitations on emergency powers.
• Example: Financial Emergency has been declared only once in India, in 1991, during the economic crisis.

Comparison Table

Important Dates and Terms

• 1975: National Emergency declared under Article 352.
• 1978: 44th Amendment Act introduced to restrict emergency powers.
• Article 352A, 356A, 360A: Introduced by 44th Amendment to restrict emergency powers.
• Article 19: Fundamental Rights related to freedom of speech, assembly, etc., suspended during National Emergency.
• President’s Rule: Imposed under Article 356 when State Emergency is declared.

Frequently Asked Questions (FAQs)

• Q: What is the difference between National and State Emergency?

  • A: National Emergency affects the entire country, while State Emergency affects a specific state.

• Q: What is the maximum duration of a National Emergency?

  • A: There is no maximum duration; it can be extended indefinitely with parliamentary approval.

• Q: What is the purpose of the 44th Amendment?

  • A: To restrict the power of the President to declare emergencies and limit their duration.

• Q: Which emergency has never been declared?

  • A: Financial Emergency has been declared only once in 1991.

• Q: What happens during a State Emergency?

  • A: The Governor assumes control, and the State Legislature is suspended.

• Q: Which Article is related to Financial Emergency?

  • A: Article 360.

• Q: Which emergency is the most serious?

  • A: National Emergency is the most serious type of emergency.