Emergency and Constitutional Amendments

The Constitution Of India

On the 26th of January, 1950. The Constitution of India, the world’s longest written constitution document came into action which replaced the governing act of India 1935 and declared Indian independence with the new India, republic India with 395 articles 22 parts, and 8 schedules. 

Which is responsible for all the governing matters, duties, fundamental rights, powers, procedures, structures of the country. With the passage of time, as the development and advancement started taking over and colonizing new societal norms it changed the way people used to think about things. It affected their habits and their priorities and other social factors introduced some new additions in the constitution and thus, the number of articles has since been increased from 395 articles 22 parts and 8 schedules to 448 articles. These additions in the constitution of India since it was enacted are known as Constitutional amendments. 

Constitutional Amendments

There are in total 105 amendments in the constitution so far from the day it was first enacted in 1950. The modification of rules and regulations in the law under different circumstances and emergencies are constitutional amendments which when required were introduced in the constitution of India. It is needed to be approved by both the houses of the legislature by the majority of ⅔. These important constitutional amendments are further categorized into three types based on the matter of urgencies.  

What Amendment: Three Types Of Amendments

1. Amendment by  simple majority in the house of the parliament
2. Amendment by  special majority in the house of the parliament
3. Amendment by special majority with the formal consent of at least half of the state legislature.

The above two types of amendments (1 & 2) come under article 368.

Simple Majority

Following are some of the cases where a simple majority is used: 

• To pass ordinary bills 
• To declare emergencies like (state emergency; president rule, financial emergency)
• To pass confidence/non-confidence/adjournment and censure motion
• Removal of Vice President (Lok sabha simple majority is required)
• Election procedure of the speaker/deputy speaker of Lok sabha, and state legislature

Special Majority

There are total four types of special majority

• Special majority by Article 249

1. 1. In this case two third members is needed to be present and voting
2. Special majority by Article 368
   1. In this case two third of the members is needed to be present and voting and should be supported by 50% of the total house strength
3. Special majority by Article 368+50%state ratification by state majority
   1. In this case two third of the members are required to be present and voting supported by more than 50% of the total house strength (this special majority case came into action in the type constitutional amendments where it is needed to change the federal structure)
4. Special majority by A61
   1. In this case the majority of two third members is needed out of the total house strength. In lok sabha the special majority is 364 and in Rajya Sabha is 164.

The third type of amendment comes under other important constitutional amendments, in which federal structure of the polity is amended by special majority and also with half of the state legislature’s consent. The provisions which are amended in this way are:

• Presidential  election
• The extent of the executive power of union and the state
• Judicial courts
• Distribution of legislative powers between union and the states
• Seventh schedule
• Power of parliament to amend the constitution and its procedure
• State wise representation in parliament

Emergency Constitutional Amendments

Emergency in India is referred as the catastrophic situation, a period of crisis which can be: 

1- Financial Emergency

2- National Emergency

2- Constitutional Emergency

Important constitutional amendments at the time of crisis are needed to be of the utmost priority. Let’s dig deeper and know a little more about these emergency situations and about the constitutional amendments enacted for these emergencies.

Financial Emergency

It is declared in the state/ nation only after the approval from both the parliament houses within two months of the date of issue.

If at the time of the issuing of the proclamation of financial emergency the lok sabha is under dissolution state in those two months or has already been dissolved then the proclamation will be until 30 days from the first sitting after it’s reconstitution (lok sabha).

Article 360: 

A president can proclaim the state of financial emergency under this article if he is satisfied from the situation and convinced that the financial stability of the country in part of the country is threatened.

National Emergency

When the security of India or any part of the Indian territory is threatened by war, external aggression or by armed rebellion then under article 352 the president of India can declare national emergency. The President can even declare national emergency before the actual start of war or any external aggression.

Important Constitutional Amendment: 

42nd Amendment Act:

This is the act which actually changed the course of India, it plays a very important role in the constitution of India, this was enacted by the government of Indian National Congress headed by Indira Gandhi. Many clauses were changed and many new terms and conditions  were introduced in the Constitution of India.

• This act was enacted during the emergency period of (2 years from 25th June 1975 – 21st March 1977)
• The most controversial constitutional amendment of India so far.It reduces the power of supreme court and high courts and brought change in the fundamental duties of Indian citizens
• Socialist, Secular and Integrity – were added by this act in the preamble
• Extended the one time rule of the president from 6 months to 1 year
• Creation of All India Judicial service
• Tenure of Lok Sabha and state legislative assemblies to 5 – 6 years
• Readjustment of lok sabha and state legislative assembly till 2001
• New laws were made in response to the anti national activities, for fundamental rights, for education, wildlife and forest protection and protection of environment

From sovereign democratic republic to sovereign socialist secular democratic republic.

Of the people, By the people, For the people.