Emergency Provisions

As we know, the Indian Constitution is derived from various other Constitutions around the world. It has features derived from various parts of the world, and hence it is the lengthiest constitution around the globe.

Emergency provision is a feature that is distinct in the Indian Constitution, which converts a federal Government to a unitary government as per the circumstances.

The only reason why such a feature was added to our constitution was to safeguard its other pillars. These other pillars constitute- Integrity, Sovereignty, unity, and the security of the nation.

All the federal Constitutions designed around the globe except India are bound by federalism. It means they cannot change their form with respect to the circumstances prevailing in the country, whereas the Indian constitution can change its powers and framework to safeguard its people.

Types of Emergencies

The Constitution of India defines three different kinds of emergencies. They are as follows:

National Emergency

National Emergency occurs when the country is in a war with another country, or is at a threat of external aggression. National emergency is described in the Article 352 of the Indian constitution. National Emergency is declared by the first Citizen of the country, that is our President. He can declare an emergency before the country goes into a state of war or an external threat.

National Emergency can also be termed as an “External Emergency” in case it is declared on the basis of War. On the other hand, a National Emergency declared because of some threat by internal sources or on the basis of “armed rebellion” is termed as “Internal Emergency”.  It isn’t necessary that the emergency declared is prevalent in the entire country, it might be applicable only in a part of it.

Also, it is necessary for the cabinet to feel that there is a need to declare an emergency; it cannot be declared solely on the Prime Minister’s advice. In addition to these, the decision of emergency can be questioned by the court, if the court feels that the decision is taken on irrelevant grounds.

Approval by the Houses

The National emergency must be permitted by both the houses, that are the Lok Sabha and the Rajya Sabha, within the time period of one month starting from the day it is raised. If in case during the time Emergency is raised to be permitted and the Lok Sabha is dissolved, It will stay for a month’s time considering that it is approved by Rajya Sabha. On being granted permission, the emergency can last for six months and can be extended to as long as needed on renewal from the houses after every six months. Emergency should be passed by a majority of the members of the houses or by 2/3rd of the majority of either house present at the time and voting.

Revocation of the National Emergency

Though the emergency imposition needs the approval of the houses, the revocation of the same doesn’t need any permission from the houses. It can solely be revoked by the President when he feels the situation has been calmed and no further emergency is needed. 

In another case, it should be revoked if its renewal after six months is discarded by the Lok Sabha.

Effects of the National Emergency

• During a National Emergency, the centre becomes the Executive power and directs the state on any given matter
• Central can make laws on a matter that comes under the states if there is a state of National Emergency
• A national emergency also entitles the President to distribute revenues between central and state; that is, fund transfers from central to state can be both reduced or cancelled as per the willingness of the President
• The tenure of Lok Sabha might be extended in case of emergency and increased by six months at a time
• Fundamental Rights are not entirely suspended during the time of National Emergency but can be suspended by the president under the article 359

President’s Rule

It lies in the duties of the central government to ensure that each of the state governments is running smoothly and according to the constitution. In case the centre finds that it is not happening, it will take over that particular state, and the state government will cease to work until the issue is sorted or another government takes over. This is termed as “President’s Rule”.

President’s rule can also be termed as either a “State emergency” or “Constitutional Emergency”. 

Grounds on which a President’s rule comes into play are:

• On a Governor’s Report to the President stating that the state government is unable to run smoothly and perform its tasks
• When a state fails to follow the Central government’s direction

Effects of President’s Rule

• When the President’s rule comes into play, the President becomes the centre of authority and takes over the powers of the State Government
• He also mentions that the state legislature’s power will be exercised by the parliament
• The President can also suspend constitutional provisions if he deems it necessary

Financial Emergency

If the President feels that the financial stability of the country or a part of it is threatened, he can declare Financial Emergency. Also, the President couldn’t be questioned on his decision regarding Financial Emergency before the 44th amendment. The 44th amendment stated that Judicial power is over the President’s satisfaction.

Approval and Duration of the Financial Emergency

Financial Emergency should be approved by both houses of the parliament. If in case Lok Sabha has been dissolved when the bill for emergency emerges, it stays for 30 days, and as soon as Lok sabha is restored for the first time, it should consider that bill. In the meantime, the bill should have been passed by Rajya Sabha.

There is no fixed time period for which the financial emergency runs, and also, no permission from any house is required for its continuation.

Emergency Provisions and Criticism

Certain reasons due to which a few members of the assembly criticise the Emergency Provisions are:

• The federal system is discarded, and the Central gains all the powers
• President’s rule makes the President the supreme power, which is equivalent to him being a dictator
• Fundamental Rights’ existence ceases, and they become meaningless
• State powers become null and void

Conclusion

An emergency is thus a special power given to the President and central government to run the country in accordance with the Indian constitution. If in case any situation is found threatening the security of the country or financial stability of the country. In that case, the powers of the state can be dissolved, and the central government takes over.