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As per Article 352 of the Indian Constitution, the provision of National Emergency states that if any exceptional situation arises that threatens the peace, security, or stability of the country either due to war, any external regression, or internal revolt, an emergency is bound to be declared and imposed. Until now, three instances of national emergency have taken place in India.
First National Emergency: 26th October 1962 – 10th January 1968 (External Regression).
Second National Emergency: 3rd December 1971 – 21st March 1977 (External Regression).
Third National Emergency: 25th June 1975 – 23rd March 1977 (Internal Revolt).
The very first National Emergency was declared in October 1962 due to Chinese hostility in North-East Frontier Agency (NEFA), which was continued till January 1968.
- Duration: October 1962 – January 1968.
- Declared by: Prime Minister, Pandit Jawaharlal Nehru.
- Basis of Declaration: External Regression.
- Resulted in the suspension of fundamental rights, 21 & 22.
- Arrest of the opposition party leaders, which counted almost 200 people, for acting against the country’s national interest.
- During the Indo-China war, the TASHKENT AGREEMENT was signed, which normalized the situations in both the countries.
- Dismissal of the emergency in January 1968 due to continuous frustrating public campaigns.
Approval & Time:
▪ The declaration of National Emergency must be approved by both the houses of the Parliament-the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
▪ It must be approved by both the houses within one month from its date of issue.
▪ On dissolution of the Lok Sabha at the time of national emergency, the order for the concerned need to be approved within 30 days of the constitution of the new Lok Sabha.
▪ On approval, the order remains active or in force for six months.
▪ On approval of the Parliament by a majority of the party, the duration of the order can be extended beyond these six months.
Authority:
The President is empowered to declare a state of National Emergency under Article 352 particularly on a written appeal by the Cabinet headed by the Prime Minister.
Effects of Declaration of National Emergency:
A declaration of National Emergency has the following consequences or effects:
Relation between Centre and State:
The Centre and the State governments share generally three types of relations. They are:
- Legislative Relation.
- Executive Relation.
- Financial Relation.
Legislative Relation:
▪ The Central Government is empowered to formulate laws relating to the 7th schedule of the state list.
▪ The President is empowered to issue ordinances on the respective state subjects, provided that the Parliament is not in session.
▪ The laws formulated by the Parliament turns out to be dysfunctional six months after the cessation of the emergency.
Executive Relation:
The Centre is empowered to provide executive supervision to a state based on any matter.
Financial Relation:
The Centre is entitled to modify the revenue distribution between the Union and the State.
Duration of Lok Sabha and Rajya Sabha:
▪ The term of the Lok Sabha is extended up to one year at a time by the Parliament. However, this duration cannot be extended to more than six months from the day the emergency is terminated.
▪ The Parliament is also empowered to extend the duration of the State Assemblies for one year at a time.
Effect on the Fundamental Rights of the citizens:
▪ Article 358 is empowered to dismiss the six fundamental rights of the citizens as described under article 19 of the Constitution.
▪ The Article 359 is empowered to dismiss rights under Article 20 and Article 21.
Conclusion:
The purpose of these emergencies is to safeguard the citizens of the country and ensure peace and security within the country as well as between nations. These powers are entrusted to the hands of the Constitution and are strictly followed by the Parliament. However, these powers have often been exploited by the political scenario of the country, mainly the instance of emergency in 1975. It had resulted in the loss of several innocent lives and many renowned people were put behind the bars. The Constitution is amending its laws and provisions to ensure full-fledged safety to its nation during such emergencies.
