Emergency

A state of emergency is a situation in which the elected government is entitled to declare or form policies that are not permitted in ordinary time. A government can declare an emergency if there is civil unrest, domestic or exterior threats, natural calamities, armed conflict, medical pandemic, serious biohazard, or even a dire financial crisis. In the Indian context, a state of national emergency means a time frame of governance under a modified constitutional set-up that can be claimed by India’s president. Under these circumstances, the president can neglect certain constitutional provisions which otherwise ensure the fundamental rights of the country-people of India. 

Emergency In India

In the history of independent India, the first national emergency was proclaimed during the Indo-China war in 1962. The first instance of a national emergency was enacted from October 26, 1962, to January 10, 1968. The second instance of emergency was proclaimed between 3 and 17 December 1971 due to the Indo-Pakistan war and the Bangladesh liberation war. The third instance of a national emergency was proclaimed between June 25 and March 21, 1977. The nature of the third national emergency was very controversial as it was enacted under the circumstances of political instability and internal threats under the prime ministership of Indira Gandhi. Actually, this emergency was enacted to overrule the judgement of the Allahabad High Court that stated that the parliamentary election was null and void and prohibited her from contesting in the election for the upcoming six years. The term “internal disturbance” was very vague in nature, and later in 1978, during the forty-fourth amendment of the Indian constitution, this term “internal disturbance” was renamed to “armed rebellion”. In an Indian context, the term “national emergency” often refers to the third and most controversial emergency period. 

According to the Indian context, a national emergency could only be declared when there is a possibility of a war like situation of external aggression and “internal disturbance” in the whole country or its parts or territory under article 352. As mentioned earlier, on the basis of article 352, an emergency was announced during the Indo-China war of 1962 and the Indo-Pakistan war of 1971. The third and most controversial emergency was proclaimed in 1975 due to internal disturbances, and this was declared by the then president, Fakhruddin Ali Ahmed. But after the 44th amendment of the Indian constitution, an emergency can only be declared on the basis of “external aggression or war”, also known as an “external emergency”, and “armed rebellion”, also known as an “internal emergency.” An emergency can only be declared by the president when a written request was sent by the prime minister who headed the cabinet headed. This act must be presented to two of the parties of parliament, furthermore, state of emergency will come to an end after one month until both houses caste their vote differently. However, if the Lok Sabha (the lower house of the parliament) is dissolved and the Rajya Sabha approves the declaration of emergency, a thirty-day time period is given to the Lok Sabha to reconstitute itself. According to article 35(6), an emergency can be declared by the approval of both houses, or by a sweeping majority in support of the motion, which is two-thirds of all the members present. A parliamentary resolution can increase the emergency period up to six months, and they can again extend it to an indefinite time period by further resolutions in six-monthly increments. During the emergency period, all the basic human rights of the citizens can be temporarily terminated. Apart from that, the six fundamental rights listed under the rights to freedom are automatically terminated when an emergency is enacted. But the right to life and property can’t be suspended, even in an emergency, as per the constitution. But during the controversial 1977 emergency, the right to life and property was also suspended, which was harshly criticized by the Indian justice system. The emergency can also modify the entire federal system by granting the power to Parliament to formulate laws on the 66 subjects listed under the state. 

President’s rule under Article 356

A state of emergency can be announced in any state in India by the recommendation of the governor of the state. Actually, every state in India except Telangana and Chhattisgarh has been under the president’s rule. The state of emergency is commonly known as “the president’s rule”. But if the president is satisfied with the report of the governor and if the governance of that state can’t be carried out by the elected government according to the constitution, the president has the power to declare an emergency in a state. This emergency must be approved by the parliament within a period of two months.

Conclusion

A state of emergency indicates a constitutional crisis, and CLAT candidates must be well-versed in the state of emergency, including its preconditions, consequences, and so on. Emergency period is demarcated by a lot of factors such as martial rule, suspension of democratic rights, suspension of freedom of press etc. and is an important aspect of overall politics of a country.