Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President has the power to impose emergency in all part of India if any security fails.

1. E M E R G E N C Y P R O V I S I O N S
PART-18

2. • India is a federal country of its kind. It accuses unitary features during an
emergency. Due to this reason DR. Ambedkar called the Indian federal system as
“unique”. Because it becomes entirely unitary during an emergency. During an
emergency as constitution machinery fails, the system converts it into a unitary
feature. The emergency is a period of depression where all fundamental
rights(FR) of a person is taken away except Article -20 and 21.

3. • Definition of term emergency:
• An emergency is a situation that arises due to the failure of govt machinery
which causes or demands immediate action from the authority. According to the
Black laws dictionary - emergency means: Emergency is a situation that requires
quick action and immediate notice such as situation causes a treat to the life and
property in the nation. It is a failure of the social system to deliver reasonable
conditions of life.

4. • The different types of emergency:
• Part-18 of COI deals with emergency provisions.
• That is ARTICLE (352-360)

5. • There are three types of emergency:
• 1. ARTICLE 352- National emergency.
• 2. ARTICLE 356-State emergency or presidents rule.
• 3. ARTICLE 360-Financial emergency. The power of imposing all 3 types of emergencies is
vested upon the President Of India. The concept of
emergency was borrowed from the Weimer
Constitution of Germany.

6. • The grounds for the proclamation of emergency:
• National emergency
• • War
• • External aggression
• • Armed rebellion
• 1. War: when a country declares a formal war against India and there is a wild struggle in
using armed forces the President of India (POI)may impose a national emergency.
• 2. External aggression: when a country attacks another country without any formal
declaration of war. it is a unilateral attack by any country towards India. in such circumstances,
the POI can impose a national emergency. War and external aggression are almost the same.
• 3. Armed rebellion: now it is an internal disturbance. emergency due to armed rebellion
may be imposed by the prime minister (PM) of India when a group of people rebels against the
present govt. which will lead to the destruction of lives and property.

7. • ARTICLE 352- Deals with the proclamation of emergency or national emergency. The POI has
the power to declare an emergency in India or any part of India by making a proclamation. under
this ARTICLE (352). if the POI is satisfied that a grave emergency list in India due to which
there is a threat to the security of the nation. he may declare emergency on the grounds of war,
external aggression, and armed rebellion. the word armed rebellion was substituted for internal
disturbance by the 44th constitutional amendment act, 1978. a national emergency has
been imposed 3 times in India so far.

8. • The period in which this happened was from(1962-1977). A brief description of
emergencies is here. an emergency was imposed at the time of the Indo-China war
by the then POI. Dr.SarvePalli Radhakrishnan on the ground of external
aggression from (October 20, 1962 - January 10, 1968).
• External aggression means we're a country attacks another country without any
formal declaration of war. it is a unilateral attack by any country towards another
country. again an emergency was imposed in ( December 3, 1971 - march 21, 1977)
by the then POI Mr.V.V.Giri during the Indo-Pakistan war.
• The reason was the same external aggression. The 3rd emergency was imposed
due to a clash b/w Legislature and Judiciary. Mrs. Indira Nehru Gandhi, the then
Prime minister (PM) of India with the permission of the then POI Mr. Fakhruddin
Ali Ahmed declared an emergency. It was imposed for a period of 19months from
(June 25, 1975- march 25, 1977) .

9. • State emergency:
Grounds for the proclamation of emergency in state emergency is a failure of
the constitutional machinery of the state. In this emergency when the governor
of the state is satisfied that the state is not functioning in accordance with
constitutional provisions. Then he may write his report to the President of
India (POI) and the POI is satisfied by the report that may impose the
president's rule. after that, the president will become the executive head of the
state.

10. • ARTICLE-356 Deals with state emergency or presidents rule in the state or
provisions in case of failure of the constitutional machinery in the states.
• The POI has the power to proclaim state emergency when he receives a post
from the governor of that particular state explaining the situation in the state
govt is such that they cannot carry out the constitutional provisions.
• President rule has been imposed on the state of Jammu and Kashmir for 6
years 264days from ( January 9, 1990 - October 9, 1996). the state has
always been a target for many external elements.
• The Indian government-imposed presidents rule to control the situation of
Jammu and Kashmir which was facing a military threat from Pakistan.
Punjab was under the president's rule for 4 years and 259 days from ( June
11, 1987- February 25, 1992).

11. • The reason for presidents' rule in Punjab was the control of Khalistan commando
forces which was a Sikh organization that was involved in the genocidal acts on
Hindus.
• Till January 2016, the president's rule has been imposed 124 times in India.
• Till now 126 times.
• During Indira Gandhi's regime, the president's rule was for maximum time.
• The president's rule was under her cabinet was imposed 35 times in various
states.

13. • S.R. Bommai v. Union Of India.
• This case is a landmark in respect of imposing presidents rule in any state. The
case lay down the power of the union govt in relation to the power under
ARTICLE 356 of COI. A judicial review of the president's rule was made
possible by this case. While giving the judgment to court depended on Sarkari's
commission report in 1987. President rule can be judicially reviewed and the
president becomes answerable only when the emergency is imposed in certain
cases.
• 1. Which are when there is a constitutional non-confirmity by the state with
the direction of the union.
• 2. When there is a political crisis in the state and when there is internal
supervision in the state.

14. • Financial emergency:
• Grounds for the proclamation of financial emergency is that when a state arises
in the country which leads to a financial crisis in India. there is a situation
financial crisis is there then the POI can proclaim a financial emergency. the POI
may impose proclaim a financial emergency. the POI may impose emergency to
tackle the situation. in this situation the central authority may reduce the budget
or cut the budget given to the state. salaries of the govt employees may be
deducted.

15. • ARTICLE 360 Deals with provisions as to financial emergency.
• A financial emergency is imposed by POI when there arises any situation which
causes a financial threat to India or any part of India.
• Financial emergency has never been imposed in India.
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