Emergency Article 352 to 360

Government of India Act 1935

1. National Emergency or Proclamation 352

2. State Emergency or President's Rule of Constitutional Emergency 356

3. Financial Emergency Article 360

1. National Emergency

Declared by President with approval (Written Order) from Cabinet (Earlier PM only).

Armed Rebellion - Internal Emergency

War / External aggression - External Emergency - Imminent Danger

44th Amendment, 1978 - Armed Rebellion

i. Invoked by President

Advise of Council of Ministers

ii. Parliamentary Approval

Within 2 Months - 44th Amendment within 1 Month

Simple Majority - 44th Amendment 51% + 2/3 P & V

LS approves 44th Amendment (LS+RS) approves

iii. Revoke

President own will - 44th Amendment President with LS approval. LS can end it.

Emergency is applied and extended as 6 Month + 6 Month + 6 Month. President can revoke emergency within 6 months of Proclamation.

iv. Effect

1. Centre - State

2. Life of Lok Sabha

3. Fundamental Rights

1. Centre State Relations

- States in Control of Central Government (Executive)

- Parliament is Supreme and can make legislation for states (Legislature)

- Funds reallocated with Central Government monopoly (Financial)

- President controls funds

2. Life of Lok Sabha

5 Year Lok Sabha + 1 during emergency (Maximum 6 Month + 6)

Create a Law to extend Lok Sabha

3. Fundamental Rights (Wielmar Germany)

Internal emergency (armed)

External Emergency (war)

Restriction in Article 19 get suspended as per Article 358

4. Duration

6 Month + 6 Month ....

Emergency Declared in India

	1962	1971	1975
Prime Minister	Jawahar Lal Nehru	Indira Gandhi	Indira Gandhi
President	Sarvapalli Radhakrishnan	V V Giri	Fakruddin Ali Ahmed
Reason	War with China	War with Pakistan	Internal Disturbance
Duration	26th October 1962 to 10th January 1968	3rd December 1971 to 17th December 1971	25th June 1975 to 21 May 1977

2. State Emergency

Article 356

"Dead Letter" Dr. B. R. Ambedkar

1. Invoked by

President, Article 356 (with or without approval of government)

Article 355 - Central Government to control state during state emergency.

Non effect of state emergency on Fundamental Rights

Grounds for State Emergency

Constitution not being followed by State Government

State Government fails to follow Central Government Orders

2. Parliamentary Approval

Within 2 Months

3. Revoke

President can revoke through proclamation

No parliamentary approval required. Suo Moto.

4. Effect

State Government, Governor -> President

State Government function can be performed by Parliament

President may / may not dismiss Council of Ministers of State

When State Government is dismissed, Proclamation power of Governor shall be vested with President

President can - Consolidated Fund of India -> Consolidated Fund Stats

President cannot suspend power of High Court

5. Duration

6 Month+ 6 Month - National Emergency Declared

2 Years - Election Commission notified that election cannot be conducted, so Extra time

Total 3 Years

	National Emergency	State Emergency
1.	All States	One State
2.	Fundamental rights suspends	Fundamental rights are there
3.	Maximum ... Year	Maximum 3 Years
4.	Lok Sabha then Parliament	Parliament without Lok Sabha
5.	Grounds - War - Armed Rebellion - External emergencies	Grounds - Constitution - Order of Central Government
6.	Special Majority	Simple Majority
7.	Less controversial	More controversial