SSC CGL - Detailed Guide 2025

Self-Paced Course

Emergency Provisions

Reference: Lucent GK, NCERT Class 6–12

Constitutional Basis: Part XVIII (Articles 352 to 360)
Purpose: To enable the Central Government to meet extraordinary situations threatening the security, governance, or financial stability of India.
There are three types of emergencies:

Feature	Description
Reason	War, External Aggression, or Armed Rebellion (earlier: internal disturbance)
Proclamation	By President on written advice of Cabinet
Parliamentary Approval	Must be approved within 1 month by both Houses; renewed every 6 months
Duration	Indefinite, with parliamentary approval every 6 months
Effect on States	Centre assumes greater control; State governments continue but are under Union direction
Effect on FRs	Article 19 suspended (only in case of War/External Aggression)
Examples	1962 (China War), 1971 (Pakistan War), 1975 (Internal Emergency by Indira Gandhi)

44th Constitutional Amendment Act (1978) Highlights:

Feature	Description
Reason	Failure of constitutional machinery in a state (breakdown of governance)
Proclamation	By President on report of Governor or otherwise
Parliamentary Approval	Within 2 months by both Houses; can be extended every 6 months (up to 3 years)
Effect on State	President takes over administration; Governor runs the state on behalf of Centre
Legislative Powers	Parliament makes laws for the state

Safeguards (44th Amendment & Supreme Court):

Cannot be extended beyond 1 year unless:
- National Emergency is in force OR
- Election Commission certifies that elections can’t be held
Bommai Judgment (1994):
- President’s Rule is subject to judicial review
- Floor test in Assembly is mandatory to prove majority
Examples of Use:

Very frequently used in the past – over 125 times since Independence. Misused for political reasons.

Feature	Description
Reason	Threat to the financial stability or credit of India
Proclamation	By President; must be approved within 2 months by both Houses
Effect on States	Centre can direct State governments on financial matters
Impact on Salaries	Salaries of judges, officials (including SC/HC) can be reduced
Employment Security	Can direct reduction in government jobs or other austerity measures
Has it been used?	NO – Never invoked in Indian history

Positive Impacts:
- Provide constitutional mechanism to handle extraordinary situations
- Protect national integrity and ensure continuity of governance
- Enable quick decision-making in crisis
Criticism & Limitations:
- Can be misused for political gain (e.g., 1975 Emergency)
- Curtails civil liberties and federalism
- President’s Rule used to destabilize state governments
- Judiciary now plays an active role in checking misuse (Bommai case)
Judicial Safeguards:
- All emergency proclamations subject to Judicial Review
- SC/HC can strike down arbitrary use (e.g., SR Bommai v. Union of India)

Type of Emergency	Article	Reason	Effect
National Emergency	352	War, external aggression, armed rebellion	Centre assumes control; FRs may be suspended
President’s Rule	356	Breakdown of constitutional machinery in a State	State under direct Centre control
Financial Emergency	360	Financial instability	Financial control of Centre over States

Developed By Roopasree Challa

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