Take a look at the essential events, concepts, terms, quotes, or phenomena every day and brush up your knowledge. Here’s your UPSC Current Affairs knowledge nugget for today on Emergency provisions in the Constitution of India.
For the first time, the 1975-77 Emergency — one of the most turbulent episodes in post-Independence Indian history — finds a place in a Class 9 Social Science textbook, with NCERT framing it as one of the major challenges that Indian democracy had to endure and survive.
In this context, let’s know what provisions the constitution of India has with regard to emergency and what has been the history of emergency in India.
Key Takeaways:
1. Emergency provisions contained in Part XVIII of the Constitution of India, from Articles 352 to 360, talk about the three different types of emergencies. Notably, these provisions are inspired by the German Weimar constitution.
2. Constitutional Provisions related to Emergencies in India
— Article 352 of the Indian Constitution deals with the “proclamation of emergency”.
— Article 353 provides provisions about the “Effect of Proclamation of Emergency”.
— Article 354 talks about the “application of provisions relating to the distribution of revenues while a Proclamation of Emergency is in operation”.
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— Article 355 deals with the “duty of the Union to protect States against external aggression and internal disturbance”.
— Article 356 provides “provisions in case of failure of constitutional machinery in States”.
— Article 357 deals with the “Exercise of legislative powers under Proclamation issued under article 356”.
— Article 358 frees the state of all limitations imposed by Article 19 (“Right to freedom”) as soon as an emergency is imposed.
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— Article 359 provides provision with regard to the “suspension of the enforcement of the rights conferred by Part III during emergencies”.
— Under Article 360 provisions about the financial emergency are provided.
What are the types of emergencies?
Various provisions mentioned in Part XVIII of the Constitution provide for three types of emergencies: National Emergency, President’s rule, Financial Emergency.
National Emergency
Under Article 352 of the Constitution, the President may, on the advice of the Cabinet headed by the Prime Minister, issue a proclamation of emergency if the security of India or any part of the country is threatened by “war or external aggression, or armed rebellion”. (Note: In 1975, instead of armed rebellion, the ground of “internal disturbance” was available to the government to proclaim an emergency.) This type of emergency is popularly referred to as a “national emergency”.
President’s Rule
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According to Article 356 (1), if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State.
Financial Emergency
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Article 360 of the Indian Constitution provides for financial emergency. It says, “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.”
BEYOND THE NUGGET: How many times has an emergency been imposed in India?
Till now, three times an emergency has been imposed in India:
1. The first time the emergency was imposed was on October 26, 1962, on the grounds of war.
2. The second emergency was imposed on December 3, 1971, on the grounds of war.
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3. The third-time emergency was proclaimed on June 25, 1975, due to an “internal disturbance.” (Note: This ground of “internal disturbance” was removed by the Constitution (Forty-fourth Amendment) Act, 1978.)
Post Read Question
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then ( UPSC CSE 2018)
(a) the Assembly of the State is automatically dissolved.
(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
(c) Article 19 is suspended in that State.
(d) the President can make laws relating to that State.
ANSWER KEY
(b)
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(Sources: NCERT introduces section on Emergency in Class 9 textbook, UPSC Issue at a Glance | 50 Years of Emergency: From causes to constitutional implications)
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