Emergency Provisions (Part XVIII)

✈️ POA08 · Indian Polity · AFCAT GA AFCAT Level ★ Moderate Priority

📌 AFCAT Focus: (1) Article numbers for three emergencies — 352, 356, 360; (2) National Emergency proclaimed 3 times — 1962, 1971, 1975; (3) Financial Emergency NEVER proclaimed; (4) FRs suspended during Emergency (Art 20 and 21 cannot be suspended); (5) Who approves — time limits. Questions are factual: "Which Article = which emergency?" or "How many times declared?"

1. Three Emergency Provisions Compared

⚠ Three Emergency Provisions — Articles 352, 356 & 360

352

National Emergency

Article 352 — War/Aggression/Rebellion

Grounds: War · External Aggression · Armed Rebellion
Proclaimed by: President on written recommendation of Union Cabinet (44th Amendment — must be Cabinet, not just PM alone)
Parliamentary approval: Within 1 month by special majority in BOTH Houses
Duration: 6 months; extended every 6 months by special majority — no fixed maximum
Effect on FRs: Art 19 automatically suspended; President can suspend others under Art 359 — EXCEPT Arts 20 and 21 (can NEVER be suspended)
Effect on Federalism: Parliament can legislate on State List; Centre's executive extends to states
Proclaimed: 1962 (Indo-China War) · 1971 (Indo-Pak War) · 1975–77 (Internal Emergency under Indira Gandhi)

356

President's Rule

Article 356 — State Emergency

Grounds: Failure of constitutional machinery in the state
Proclaimed by: President on Governor's report (or President's own knowledge)
Parliamentary approval: Within 2 months by simple majority
Duration: 6 months; extendable up to 3 years (special majority after 1 year)
Effect: President assumes state government functions; Parliament legislates on State List; state legislature suspended or dissolved
SR Bommai case (1994): Subject to judicial review; floor test must be held before dismissal
Proclaimed many times — misuse curtailed by SC judgment

360

Financial Emergency

Article 360 — Financial Threat

Grounds: Threat to financial stability or credit of India
Parliamentary approval: Within 2 months by simple majority
Duration: No fixed maximum — continues till revoked by President
Effect: Reduce salaries of ALL government employees and judges (including SC/HC judges); states must follow Centre's financial directions; state money bills require President's assent
Has NEVER been proclaimed in India's history

⚠ Critical AFCAT Points — Emergency:
● Articles 20 and 21 can NEVER be suspended under any Emergency — guaranteed by 44th Amendment 1978
● 1975 Emergency was on ground of "internal disturbance" — changed to "armed rebellion" by 44th Amendment
● National Emergency declared 3 times; Financial Emergency declared 0 times
● National Emergency: Parliament approval within 1 month; President's Rule: within 2 months
● During National Emergency: Centre can legislate on State List; Arts 358 and 359 deal with FRs during Emergency

📝 AFCAT PYQ Practice — POA08

Q1. National Emergency in India is proclaimed under which Article? AFCAT PYQ

(a) Article 352(b) Article 356(c) Article 358(d) Article 360

✔ Answer: (a) Article 352

Article 352 — National Emergency (on grounds of war, external aggression, or armed rebellion). Art 356 = President's Rule (State Emergency); Art 358 = Suspension of Art 19 during National Emergency; Art 360 = Financial Emergency. Remember: 352 = National; 356 = State; 360 = Financial.

Q2. Financial Emergency in India has been proclaimed: AFCAT PYQ

(a) Once, in 1991(b) Twice(c) Three times(d) Never

✔ Answer: (d) Never

Financial Emergency under Article 360 has never been proclaimed in India's history. National Emergency has been proclaimed 3 times (1962, 1971, 1975–77). Even during the 1991 economic crisis, Financial Emergency was not declared. The country sought IMF assistance instead.

Q3. During a National Emergency, which Fundamental Right cannot be suspended? AFCAT PYQ

(a) Right to Freedom of Religion(b) Cultural and Educational Rights(c) Right to Life and Personal Liberty (Article 21)(d) Right to Freedom (Article 19)

✔ Answer: (c) Article 21 — Right to Life and Personal Liberty

Articles 20 and 21 can NEVER be suspended under any Emergency — this was guaranteed by the 44th Amendment Act 1978 (as a reaction to the 1975–77 Emergency when personal liberty was suppressed). Article 19 (six freedoms) IS automatically suspended during National Emergency proclaimed on grounds of war or external aggression. Article 21 = Right to Life cannot be taken away under any circumstances.

📋 Quick Reference — POA08

⚖ National Emergency (352)

War/External Aggression/Armed Rebellion
Cabinet must give written recommendation
Parliament: 1 month (special majority)
Declared: 1962, 1971, 1975–77

⚖ President's Rule (356)

Failure of constitutional machinery in state
Parliament: 2 months (simple majority)
Max duration: 3 years (with conditions)
SR Bommai: subject to judicial review

⚖ Financial Emergency (360)

Threat to financial stability
Parliament: 2 months (simple majority)
NEVER proclaimed in India
Can reduce salaries of judges too

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