• The Constitution envisages three Kinds of Emergencies
  1. Article 352 – Proclamation of emergency (National Emergency)
  2. Article 356 – Provisions in case of failure of constitutional machinery in states (President’s Rule)
  3. Article 360 – Financial Emergency
  • The Proclamation of National Emergency is issued by the President only after the written recommendation of the Cabinet has been communicated to him.

National Emergency (352)

  • National emergency is caused by war, external aggression or arm rebellion in the Whole of India or a part of its territory
  • Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), and 1975 (declared by Indira Gandhi to escape conviction).
  • The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister.
  • Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval,
  • During National Emergency (War) except Art 20, 21 incase of internal rebellion except Art 19, 20, 21 all fundamental rights automatically suspended.

State Emergency (356)

  • If states failed to follow the constitution and failed to maintain law and order then the president can imposed emergency in State
  • The Emergency should approve parliament within two months
  • Then extend to imposed another six months and can last for a maximum period of three years With repeated parliamentary approval every six months.
  • But 42nd amendment act of 1976 extended the one time duration of state emergency from 6 months to 1 year.
  • Subsequently, 44th A 1978 restored the 1 year period to 6 months. Originally, the maximum period of operation of state emergency was 3 years.
  • This 3 year period was divided into 1 year of ordinary period and 2 year of extra ordinary period for which certain conditions are to be fulfilled.
  • Therefore from now on after every 1 year Parliament needs to approve the same. If the emergency has to be extended for more than three years, it can be done by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.

Financial Emergency

  • Financial emergency deals with article 360.
  • No financial emergency imposed so far.
  • Financial emergency imposed when there is financial crisis.
  • After imposing this emergency it should be approved within One month
  • But there was some condition arose in 1991-92


National Emergency(Article 352)

President’s Rule (Article 356)


l. It can be proclaimed only when the security of India or a part of it is threatened by War, external

aggression or armed rebellion.

2. During its operation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution. Its effect is that the Centre gets concurrent powers of administration and legislation in the


3. Under this, the Parliament can make laws on the subjects enumerated in the State List only by

itself, that is, it cannot delegate the same to any other body or authority.

4.There is no maximum period  prescribed for its operation. It can be continued indefinitely with the approval of Parliament for every six months

5.Under this, the relationship of the Centre with all the states undergoes a modification.

6.Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority

7.It affects fundamental rights of the Citizens.

8.Lok Sabha can pass a resolution for its revocation

1. It can be proclaimed when the government a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war,

external aggression or armed rebellion

2. During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the

Parliament makes laws for the state. In brief the executive and legislative power of the state are assumed by the Centre

3. Under this the Parliament can delegate the power to make laws for the state to the president dent or to any other authority specified by him. So far, the practice has been for the president to

make laws for the state in consultation with the members of Parliament from that state. Such laws are known as Presidents Acts

4. There is a maximum periodprescribed for its operation, that is,threeyears. Thereafter it must come to an end and the normal constitution national machinery must be restored in the state

5. Under this, the relationship of only the state under emergency with the Centre undergoes a modification.

6. Every resolution of Parliament approving its proclamation or its continuance can be passed only by a simple majority.

7. It has no effect on Fundamental Rights of the citizens.

8. There is no such provision. It can be revoked  by  President only on his own.

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