Articles on the Emergency provision

A State of emergency within a country (In this case, India) is a situation where the normal rules and regulations of the country are not applicable for a certain period. During this time an altered constitution is put to use and the country comes directly under the orders of the president. Historically speaking, The Great Emergency of India took place between the years 1975-77, when the then Prime Minister Indira Gandhi declared it. This 21- month-long period of utter turmoil saw situations within the subcontinent that were completely alien to both the government and the citizens of the country. Hence, President Fakhruddin Ahmed Ali issued article 352 which invoked the cause of the internal disturbance, which was taken as the cause of the emergency. Under article 352, a national emergency may be declared in times of either internal disturbance or external aggression. 

Articles on Emergency Provision

Emergency within the Indian subcontinent is further divided into three parts, all of these three types of emergencies invoke different clauses and have different articles attributed to them. This section will contain important articles on emergency provisions: 

In the case of National Emergencies: The financial, executive, and judicial powers are put to rest, and all sorts of abilities, functions, and powers are vested with the centre, however, the state legislature is never suspended. The center cannot stretch itself to the extent of all the dimensions of the country. In this case, article 250 allows the Parliament the permission to legislate any given matter in the State list. All fundamental rights and laws are temporarily terminated, except articles 20 and 21. 

In case of failure of Constitutional machinery: Articles on emergency provision also contain article 256. This article states that an immediate president’s rule can be issued to any state if the internal machinery of the state fails to perform its duties. On the pretext of the Governor’s report if the president feels that the state has failed to organize and process its smooth functioning than a president’s rule may be invoked, this is also termed as a State Emergency.

In case of a financial emergency: If the financial stability of any region or state of the country is threatened by any clause such as credit, then the president may invoke article 360 which is the clause of financial emergency. Article 360 does not apply to Jammu and Kashmir, along with Ladakh. The clause of the state of a financial emergency however is a lengthy process when it comes to invoking. The clause needs to be presented in front of both the houses of the parliament and needs to be agreed upon by both. The validity tenure of such an emergency is only 2 months, post which is both the houses agree to extend the tenure, it may be done so. 

Emergency related Articles 

• Article 352: This article lays down the fundamentals of a state of emergency within the Indian subcontinent. This article states that an emergency can be declared in either of the three situations; a) External Aggression, b) Internal turbulence, c) War. 
• Article: 353: This article allows the Union Parliament to take all abilities, functions, and powers into their own hands.
• Article 355: This article mentions that the State must protect every state within the subcontinent in times of internal turbulence or external aggression. 
• Article: 356: This article mentions that if under any circumstances the state and its government are unable to process according to the provisions laid down by the constitution, the Union government has every right to take over the machinery of the state.  
• Article 256:  Delegation of President’s rule in any state if the internal machinery of the state fails to process properly. 
• Article: 360: The president may invoke article 360 in case of a financial emergency in any part of the country. 

Conclusion: 

In conclusion, this article provided a brief overview of the emergency and the articles regarding emergencies. This article focuses on some of the most important articles on emergency provisions according to the constitution of India. This article also looks at an overview of what each article mentions and what is its significance in the act.