Emergency provisions are contained in Part Eighteen of the Constitution of India. The president of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by “war or external aggression or armed rebellion.” The Indian Constitution gives the President the authority to declare three types of emergencies: National Emergency, State Emergency and Financial Emergency. Emergency provisions in India are borrowed from the Weimar Constitution of Germany. Constitution of India envisages emergency of following three types:
- Article 352 – National Emergency
- Article 356 – Emergency in state (president’s rule)
- Article 360 – Financial Emergency
National Emergency – Article 352, if the president is satisfied that there exists a grave situation, wherein the security of the country is threatened on the grounds of wars, external aggression or armed rebellion, he can proclaim emergency to that effect –
- Emergency can be declared over the complete territory of India or any part thereof.
- President can declare an emergency only on the written advice of the cabinet.
- A special majority is required to approve an emergency resolution.
- Once approved, emergency shall operate for a maximum period of not more than six months.
- Lok Sabha has the power to disapprove the operation of national emergency at any time, if not less than 1/10th members of Lok Sabha in writing to the speaker, if house is in session, or to the president, then speaker or president as the case may be, shall convene a special session of Lok Sabha within 14 days and if such a resolution is passed, president shall revoke.
State Emergency – On Executive- State government is dismissed and the executive power of the state is exercised by the centre. Legislature- State legislature does not function to legislate; state legislative assembly is either suspended or dissolved. On Financial relation – There is no impact on the distribution of financial resources between centre and the state.
Financial Emergency – Under Article 360 – If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a proclamation make a declaration to that effect. This emergency is never imposed in India.