Emergency Provisions in India

There are three kinds of emergencies which could be imposed by the President upon the happening of certain events.

Art. 352 – National emergency – may be proclaimed by the President, on the written recommendation of the Union Cabinet, when the security of India or any of its parts is threatened by war or external aggression or armed rebellion. It must be approved by both the Houses of the Parliament within one month of imposition.

So far it has been imposed thrice during India-China war 1962, India-Pakistan war 1971 and third time Indira Gandhi in 1975.

It is to be noted that in case of national emergency, Article 19 (Right to freedom of speech and expression) remains suspended as given in Article 358.

Art. 356 – Emergency in States – Such emergency may be proclaimed by the President, if the Governor of concerned State submits a report that the State Govt. cannot be carried on in accordance with the Constitution. It must be approved by both the Houses of the Parliament within two months of imposition.

Once approved, it remains in force for 6 months, can be extended to another 6 months after another approval i.e. State Emergency cannot go beyond 1 year except special cases when whole India is under emergency or if Election Commission certifies that it is difficult to hold election in the state.

Art. 360 – Financial emergency – may be proclaimed by the President when the financial stability of India or any of its parts is threatened. Such a proclamation remains in force for two months unless approved by both the Houses of the Parliament before it gets expired. It has never been imposed so far.

Some appreciation please!




  Posted on Monday, August 22nd, 2016 at 12:35 PM under   Polity