Emergency Provisions – Types, Safeguards & Cases
Delhi Police Exams – GK Section
Introduction
The framers of the Indian Constitution included Emergency Provisions to safeguard the unity, integrity, and security of the nation during extraordinary situations. During Emergency, federal system temporarily turns unitary, giving Centre more powers.
Types of Emergencies
| Type of Emergency | Article | Situation | Declared By |
|---|---|---|---|
| National Emergency | 352 | War, External Aggression, Armed Rebellion | President |
| State Emergency (President's Rule) | 356 | Failure of Constitutional Machinery in State | President |
| Financial Emergency | 360 | Threat to financial stability | President |
National Emergency (Article 352)
Grounds for Declaration
- War
- External Aggression
- Armed Rebellion (added by 44th Amendment, 1978; replaced Internal Disturbance)
Proclamation
- Declared by President on written advice of Cabinet
- Approval by both Houses of Parliament in 1 month
- Valid for 6 months; extendable indefinitely with approval every 6 months
Effects
| Area | Changes |
|---|---|
| Centre–State Relations | Parliament can legislate on State List |
| Fundamental Rights | Art. 19 suspended, others restricted (except 20 & 21) |
| Executive Powers | Centre controls State administration |
| Duration | As long as Parliament approves |
Examples
- 1962 – Indo-China War
- 1971 – Indo-Pak War
- 1975–77 – Internal Emergency (Indira Gandhi, controversial)
Judicial Safeguards
- 44th Amendment: Cabinet’s written advice, 6-month review
- Citizen’s court protection for Art. 20 & 21 rights
State Emergency / President’s Rule (Article 356)
Grounds
- Failure of State Government to function under Constitution
- Governor’s report to President
Procedure
- Approval by Parliament within 2 months
- Continues for 6 months, max 3 years (parliamentary renewal)
Effects
| Area | Changes |
|---|---|
| State Govt | Dismissed; Governor under Centre |
| State Legislature | Suspended or dissolved |
| Parliament Power | Can legislate for State |
| Union Control | Centre directly governs State |
Judicial Review
- S.R. Bommai vs. Union of India (1994): President’s Rule subject to judicial review, misuse can be struck down
Financial Emergency (Article 360)
Grounds
- Threat to India’s financial stability/credit
Procedure
- Declared by President
- Approval by Parliament within 2 months
- No time limit; remains until revoked
Effects
| Area | Changes |
|---|---|
| Salaries | President can reduce all govt/judges salary |
| Money Bills | Centre controls all finance |
| State Budgets | President prior approval needed |
Fact
- No Financial Emergency ever declared in India
Constitutional Safeguards During Emergencies
| Safeguard | Provision |
|---|---|
| Written Advice of Cabinet | National Emergency (44th Amendment) |
| Parliamentary Approval | Mandatory within 1/2 months |
| Time Limit | 6 months (renewable) or indefinite |
| Judicial Review | Allowed after Bommai, etc. |
| FR Protection | Art. 20 & 21 remain in force |
| Revocation | Anytime by President |
Comparison Table – Three Types of Emergencies
| Aspect | National Emergency (352) | State Emergency (356) | Financial Emergency (360) |
|---|---|---|---|
| Reason | War, Rebellion, Aggression | State Gov fails | Financial instability |
| Declared By | President | President | President |
| Parliament Approval | 1 month | 2 months | 2 months |
| Duration | 6m (renew) | 6m (max 3yr) | Unlimited |
| Main Effect | Centre takes State powers | State gov dismissed | Centre controls finance |
| Rights Suspended | Art. 19 | No | Salaries cut |
| Judicial Review | Yes | Yes (Bommai) | Yes |
PYQs (Delhi Police, SSC & State Exams)
Q1. Article 352 deals with —
A) State Emergency B) Financial Emergency C) National Emergency D) None
Answer
C) National Emergency
Q2. The term "Armed Rebellion" was added by which Amendment?
A) 42nd B) 44th C) 52nd D) 73rd
Answer
B) 44th
Q3. The President’s Rule in a State can be continued for a maximum of —
A) 6 months B) 1 year C) 3 years D) 5 years
Answer
C) 3 years
Q4. Which Article of the Constitution deals with Financial Emergency?
A) 350 B) 352 C) 356 D) 360
Answer
D) 360
Q5. During National Emergency, which Fundamental Rights are automatically suspended?
A) Article 19 B) Articles 20 & 21 C) All D) None
Answer
A) Article 19
Q6. Which Amendment made the President act only on the written advice of the Cabinet during Emergency?
A) 42nd B) 44th C) 52nd D) 86th
Answer
B) 44th
Q7. Which case limited the misuse of Article 356?
A) Golaknath Case B) Kesavananda Bharati Case C) S.R. Bommai Case D) Indira Sawhney Case
Answer
C) S.R. Bommai Case
Q8. How many times has National Emergency been declared in India?
A) Once B) Twice C) Thrice D) Never
Answer
C) Thrice
Q9. During a Financial Emergency, the salaries of the following can be reduced —
A) Only MPs B) Only Judges C) All Government Servants D) None
Answer
C) All Government Servants
Q10. Which Amendment restricted Emergency misuse and protected Fundamental Rights?
A) 42nd B) 44th C) 52nd D) 101st
Answer
B) 44th
Final Concept Recap
- National Emergency (352): War/Rebellion; Centre dominates
- State Emergency (356): State Gov fails; President’s Rule
- Financial Emergency (360): Fiscal instability; Centre controls finance
- 44th Amendment (1978): Strong Safeguards
- Bommai case (1994): Judicial check on misuse
- Articles 20 & 21: Rights always protected
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