Emergency Provisions in India: Articles 352 to 360

1. National Emergency - Article 352

The President may proclaim an Emergency if satisfied that a grave emergency exists whereby the security of India or any part of its territory is threatened by:

• war;
• external aggression; or
• armed rebellion.

A proclamation may be issued even before the actual occurrence of war, external aggression or armed rebellion if the President is satisfied that there is imminent danger thereof.

Written Cabinet decision

Article 352 requires that the decision of the Union Cabinet - meaning the Prime Minister and other Ministers of Cabinet rank appointed under Article 75 - that such a proclamation may be issued must be communicated to the President in writing.

2. Parliamentary Approval, Duration and Revocation

Approval within one month

A proclamation under Article 352 ceases to operate after one month unless it has been approved by resolutions of both Houses of Parliament, subject to the special rule where the Lok Sabha has been dissolved.

Special majority

Each House must approve or continue the proclamation by a resolution passed by:

• a majority of the total membership of that House; and
• a majority of not less than two-thirds of the members present and voting.

Duration

Once approved, the proclamation continues for six months from the date of the second approving resolution. It may be continued for further periods of six months at a time through fresh resolutions passed with the same special majority. The Constitution does not prescribe a fixed overall maximum duration for an Article 352 Emergency.

Revocation and Lok Sabha safeguard

The President may revoke or vary the proclamation by a subsequent proclamation. In addition, if the Lok Sabha passes a resolution disapproving the proclamation or its continuance, the President must revoke it. Article 352 also provides a mechanism by which at least one-tenth of the total number of Lok Sabha members may trigger a special sitting to consider disapproval.

3. Effects of a National Emergency

Executive relations - Article 353

While an Article 352 proclamation is operating, the Union's executive power extends to giving directions to States as to the manner in which their executive power is to be exercised.

Legislative relations - Articles 250 and 353

Parliament acquires power to legislate for the whole or any part of India on matters in the State List while the National Emergency is in operation, subject to the Constitution.

Revenue distribution - Article 354

The President may, while the proclamation is operating, direct modifications in the constitutional provisions relating to distribution of revenues between the Union and the States, subject to Article 354.

Term of Lok Sabha - Article 83

While a National Emergency is in operation, Parliament may by law extend the normal five-year term of the Lok Sabha for a period not exceeding one year at a time. Such extension cannot continue beyond six months after the Emergency has ceased to operate.

4. Fundamental Rights during National Emergency - Articles 358 and 359

Article 358 - Article 19

Article 358 applies only when a National Emergency is declared on the grounds of war or external aggression. During such an Emergency, Article 19 does not restrict the State in the manner specified by Article 358.

Following the 44th Amendment, the protection given to emergency legislation and executive action is confined to laws containing the constitutionally required recital that they relate to the proclamation, and to executive action taken under such laws.

Article 359 - Enforcement of specified Fundamental Rights

While a National Emergency is in operation, the President may by order suspend the right to move any court for enforcement of specified Part III rights and suspend proceedings for their enforcement, for the period and area stated in the order.

5. National Emergencies Declared in India

The 1971 external-emergency proclamation remained in force even after the 1971 hostilities ended and overlapped with the 1975 internal-emergency proclamation until both were revoked in March 1977.

6. President's Rule - Article 356

Article 356 applies where 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 Constitution.

Related Articles 355 and 365

Article 355 imposes a duty on the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the Constitution. Article 365 permits constitutional consequences where a State fails to comply with directions given in exercise of Union executive power under the Constitution.

Parliamentary approval

A proclamation under Article 356 must be approved by both Houses of Parliament within two months, subject to the constitutional rule where the Lok Sabha is dissolved. Approval is by the ordinary voting rule, not the special majority required under Article 352.

Duration

Once approved, President's Rule ordinarily continues for six months and may be extended for six months at a time. It cannot generally continue for more than three years.

Continuance beyond one year requires both:

• a National Emergency to be in operation in the whole of India or in the whole or any part of the State concerned; and
• the Election Commission to certify that continuation is necessary because of difficulties in holding elections to the State Legislative Assembly.

Effects

• The President may assume specified functions of the State Government and powers vested in the Governor or other State authorities, subject to Article 356.
• The President may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
• The proclamation cannot assume the powers vested in, or suspend constitutional provisions relating to, a High Court.
• Fundamental Rights do not automatically stand suspended merely because Article 356 is in operation.

7. S.R. Bommai v. Union of India - Judicial Review of Article 356

In S.R. Bommai v. Union of India (1994), the Supreme Court established major safeguards against arbitrary use of Article 356. A Presidential proclamation is subject to judicial review. The President's satisfaction must be based on relevant objective material, and courts may examine whether constitutional power has been exercised on legally permissible grounds.

The decision also emphasised federalism and secularism as foundational constitutional principles. Later Supreme Court authority has described S.R. Bommai as a major shift that placed meaningful judicial limits on misuse of Article 356.

8. Financial Emergency - Article 360

The President may proclaim a Financial Emergency if satisfied that a situation has arisen whereby the financial stability or credit of India or any part of its territory is threatened.

Approval

The proclamation must be approved by both Houses of Parliament within two months, subject to the constitutional provision dealing with dissolution of the Lok Sabha.

Duration and revocation

Unlike Articles 352 and 356, Article 360 does not prescribe six-month renewal resolutions or a maximum period. Once duly approved, a Financial Emergency continues until revoked by a subsequent proclamation.

Effects

During a Financial Emergency, the Union's executive authority extends to giving States directions to observe specified canons of financial propriety. Directions may include:

• reduction of salaries and allowances of persons serving the Union or a State;
• reduction of salaries and allowances of Judges of the Supreme Court and High Courts; and
• a requirement that Money Bills or other Bills to which Article 207 applies be reserved for the President after passage by a State Legislature.

9. National Emergency, President's Rule and Financial Emergency - Comparison