Emergency Provisions (Part XVIII)

⚖ PON09 · Indian Polity · NDA GAT NDA Level ★ Moderate Priority

📌 NDA Focus: (1) Three types of Emergency — Article, grounds, duration, effects; (2) National Emergency declared 3 times (1962, 1971, 1975); (3) Financial Emergency NEVER declared; (4) FRs suspended during Emergency (Articles 20 and 21 cannot be suspended); (5) President's Rule in states.

1. Three Types of Emergency — Comparison

⚠ Three Emergency Provisions Compared — 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
Parliament approval: Within 1 month by special majority in BOTH Houses
Duration: 6 months; extended every 6 months — no maximum
Effect on FRs: Art 19 automatically suspended; others under Art 359 — BUT Arts 20 & 21 NEVER suspended
Proclaimed: 3 times — 1962 · 1971 · 1975–77

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)
Parliament approval: Within 2 months by simple majority
Duration: 6 months; extendable up to 3 years (with conditions)
Effect: President assumes state functions; Parliament legislates on State List
SR Bommai case (1994): Subject to judicial review; floor test required

360

Financial Emergency

Article 360 — Financial Threat

Grounds: Threat to financial stability or credit of India
Parliament approval: Within 2 months by simple majority
Duration: No fixed maximum — continues till revoked
Effect: Reduce salaries of govt employees and judges; states must follow Centre's financial directions; state money bills require President's consideration
Has NEVER been proclaimed in India's history

⚠ Critical Emergency Facts for NDA:
● National Emergency: President issues proclamation on written advice of Cabinet (not just PM — 44th Amendment)
● 1975 Emergency was proclaimed on ground of "internal disturbance" (now called "armed rebellion" after 44th Amendment)
● After National Emergency: Parliament can legislate on State List; Rajya Sabha can meet but Lok Sabha can also be in session
● Financial Emergency (Article 360): Never been declared in India's history
● Articles 20 and 21 — CANNOT be suspended under ANY emergency

📝 NDA PYQ Practice — PON09

Q1. President's Rule in a State is imposed under which Article of the Constitution? NDA PYQ

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

✔ Answer: (b) Article 356

President's Rule (also called State Emergency) is imposed under Article 356 when the constitutional machinery in a state fails. Article 352 = National Emergency; Article 358 = Suspension of Art 19 during National Emergency; Article 360 = Financial Emergency. Under President's Rule, the President can assume the functions of state government and Parliament can legislate on State List subjects.

Q2. How many times has a National Emergency been proclaimed under Article 352? NDA PYQ

(a) Once(b) Twice (c) Three times(d) Never

✔ Answer: (c) Three times

National Emergency has been proclaimed three times: (1) 1962 — during the Indo-China War (war grounds); (2) 1971 — during the Indo-Pak War (external aggression); (3) 1975–77 — under Indira Gandhi on grounds of "internal disturbance" (now called armed rebellion). The 1962 and 1971 emergencies overlapped for a period. Financial Emergency (Article 360) has never been proclaimed.

📋 Quick Reference — PON09

⚖ National Emergency

Art 352; War/External Aggression/Armed Rebellion
Cabinet approval needed (written)
Parliament: 1 month (special majority)
Declared: 1962, 1971, 1975–77

⚖ President's Rule

Article 356; State Emergency
Governor's report OR President's own knowledge
Parliament: 2 months (simple majority)
Max: 3 years with conditions

⚖ Financial Emergency

Article 360
Threat to financial stability
NEVER proclaimed in India
Can reduce salaries of govt employees, judges

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