Polity notes · Chapter 18 of 19

Emergency Provisions

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Emergency Provisions

PropertyNational EmergencyState EmergencyFinancial Emergency
Article352356360
Orders Issued ByPresidentPresidentPresident
Parliament’s ApprovalWithin a monthWithin two monthsWithin two months
If Lok Sabha Dissolved30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
Majority RequiredSpecial majoritySimple majoritySimple majority
DurationSix months, can be extendedSix months, can extend to a max of 3 years under specific conditionsIndefinitely until revoked
Re-approvalSame as approvalNot needed
RevocationBy President anytime or if Lok Sabha (not Rajya Sabha) passes resolutionBy President anytimeBy President anytime
Historical Instances1962-68 External, 1971-77 External, 1975-77 InternalMore than 100 times, first in 1951 in PunjabNever

Check yourself

Emergency Provisions
  • Article — 352 — 356 — 360
  • Orders Issued By — President — President — President
  • Parliament’s Approval — Within a month — Within two months — Within two months
  • If Lok Sabha Dissolved — 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it. — 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it. — 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
  • Majority Required — Special majority — Simple majority — Simple majority
  • Duration — Six months, can be extended — Six months, can extend to a max of 3 years under specific conditions — Indefinitely until revoked
  • Re-approval — Same as approval — — Not needed
  • Revocation — By President anytime or if Lok Sabha (not Rajya Sabha) passes resolution — By President anytime — By President anytime
  • Historical Instances — 1962-68 External, 1971-77 External, 1975-77 Internal — More than 100 times, first in 1951 in Punjab — Never
  • Declaration of Emergency can be challenged in Court? Yes
National Emergency
  • It can continue indefinitely, if re-approved by Parliament every six months.
  • It can be limited to specified part of India by President (42nd Amendment)
  • Parliament can extend term of LS/SLAs one year at a time, any number of times
  • 44th Amendment Act 1978:
  • – It replaced ‘internal disturbance’ with ‘armed rebellion’.
  • – Prez needs written recommendation from cabinet (not PM) to declare Nat. Emergency.
  • State govt are not suspended, but come in complete control of Centre.
  • Parliament can make law on state list. If parliament not in session, Prez can issue ordinance.
  • President can modify constitutional distribution of revenue between Centre and States.
President’s Rule
  • proclaimed u/a 356 on two grounds
  • State not acting as per Constitution (mentioned in 356)
  • State fails to comply with any direction from Centre (mentioned in 365)
President’s rule can be imposed if
  • Hung assembly after elections
  • Govt resigns and no other party is able to form govt.
  • Constitutional direction by Centre is disregarded by State
  • State govt is acting against the Constitution
  • ✗ Maladministration, corruption, financial exigencies
  • ✗ Governor recommends Prez rule on his own assessment, without allowing govt to prove majority on floor of house
During President's Rule
  • Council of Ministers dismissed
  • State assembly either suspended or dissolved
  • No impact on Fundamental rights
  • No impact on power of High Court
Which one of the following Articles of the Indian Constitution provides that it shall be the duty of the Union to protect every State against external aggression and internal disturbance? PYQ 2003
  1. Article 215
  2. Article 275
  3. Article 325
  4. Article 355

Answer: Article 355

Art. 355 — duty of the Union to protect States against external aggression and internal disturbance.

Article 355 → It is duty of Centre to
  • Protect every state from external aggression and internal disturbance
  • Ensure that State govt act as per Constitution
Which of the following are not necessarily the consequences of proclamation of President's rule in a State?
1. Dissolution of State Legislative Assembly
2. Removal of Council of Ministers in the State
3. Dissolution of local bodies
Select the correct answer: PYQ 2017
  1. 1 and 2 only
  2. 1 and 3 only
  3. 2 and 3 only
  4. 1, 2 and 3

Answer: 1 and 3 only

Under President's rule the Council of Ministers is removed, but the Assembly may only be suspended and local bodies continue.

Consider the following statements:
1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.
2. Resolution approving the Proclamation of Emergency are passed only by Lok Sabha.
Which of above statements are correct? PYQ 2006
  1. 1 only
  2. 2 only
  3. Both 1and 2
  4. Neither 1 nor 2

Answer: 1 only

Only the Rajya Sabha can pass an Art. 249 resolution; emergency proclamations are approved by both Houses.

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then PYQ 2018
  1. the Assembly of the State is automatically dissolved
  2. the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament
  3. Article 19 is suspended in that State
  4. the President can make laws relating to that State

Answer: the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament

The State legislature's powers become exercisable by or under the authority of Parliament.

Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India:
1. A Proclamation of financial emergency issued shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by the resolution of both houses of Parliament.
2. If any proclamation of financial emergency is in operation, it is competent for the president of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts.
Which of the statements given above is/are correct? PYQ 2007
  1. 1 only
  2. 2 only
  3. Both 1and 2
  4. Neither 1 nor 2

Answer: 1 only

Statement 1 is correct; during a financial emergency salaries of SC and HC judges can also be reduced.

All 19 chapters of Polity notes
  1. Making of the Constitution1 sections
  2. Preamble3 sections
  3. Union & its Territory2 sections
  4. Citizenship2 sections
  5. Fundamental Rights8 sections
  6. Fundamental Duties3 sections
  7. Directive Principles8 sections
  8. Amendment & Basic Structure4 sections
  9. Parliamentary System1 sections
  10. Federal System3 sections
  11. Judiciary5 sections
  12. Parliament & the President2 sections
  13. Houses, Council of Ministers & PM5 sections
  14. Parliamentary Business6 sections
  15. Committees & State Legislature4 sections
  16. Centre–State Relations1 sections
  17. Inter-State Relations1 sections
  18. Emergency Provisions1 sections
  19. Constitutional & Statutory Bodies2 sections