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In India, a state of emergency is a governance period proclaimed by the President during some situations of crisis. The President during an emergency period can revoke some Constitutional provisions that guarantee the Fundamental Rights of Indian citizens.
Articles 352-360 of the Indian Constitution detail the Emergency Provisions of the country. These provisions were formed to protect the state’s unity, sovereignty, and integrity. The three Articles- 352, 356 and 360 mention that the President is empowered to declare three kinds of emergencies. These categories are-
National Emergency
State Emergency (President’s Rule)
Financial Emergency
During these emergencies, the President uses his emergency powers.
President’s emergency powers
To understand the role of the President during an emergency period, it is crucial to understand what is an emergency period. It is a period where unexpected situations occur. These situations force all the public authorities to exercise their specific powers instantly. The emergency period in India is categorized into three kinds, and the President has some specific roles and powers during each kind of emergency.
President’s powers during a National emergency
According to Article 352 of the Constitution of India, the President of India can declare a National emergency during times of war, an armed rebellion or due to external aggression. The Indian Constitution uses the term ‘proclamation of emergency’ to describe a National emergency. This emergency is declared when the country’s security is threatened. In 1976, the 42nd Constitutional Amendment Act empowered the President to declare a National emergency for the entire country or a particular region.
To declare a National Emergency, the parliament should approve the proposal with a special majority. The 2/3rd members of the parliament must vote in favor of the President’s decision.
President’s role during State emergency (President’s Rule)
Article 356 describes this category of emergency and the role of the President during the emergency period. When a State Governor submits a report to the President that shows that a particular situation is occurring due to which the Government of the State is unable to function or govern typically, the President declares an emergency. This kind of emergency is known as President’s Rule or State emergency. The Constitution of India describes a State emergency as a “proclamation on account of the failure of constitutional machinery”.
Like the National emergency, the State emergency proposal must also be presented for approval in both the parliament houses. Also, once declared, the State emergency continues for six months unless revoked by the President. Only the President has the power to revoke it.
Financial emergency
The emergency power of the President in India for a Financial emergency is described in Article 360 of the Indian Constitution. The Article empowers the country’s President to declare a Financial emergency if they get satisfied that the country is financially unstable or if the country’s or any part of the country’s credit is threatened.
Same as the above two, this also must get approved by both the parliament houses. When the President declares a Financial emergency, the legislative and executive powers get transferred to the center.
Criticism of emergency power of President in India
The main reason for criticism of the powers given to the President during the emergency period is because it tends to demolish the Constitution’s federal character. It is also criticized as it might be possible for the President to use his emergency powers to become a dictator. The emergency powers can also threaten the state’s financial autonomy. The danger to the Fundamental Rights of the citizens is also a crucial reason for the criticism.
Conclusion
The President of India can be regarded as the nominal head in declaring emergencies. It is because the President alone cannot declare an emergency. Instead, a council of ministers from both the parliament houses headed by the country’s Prime Minister assists the President in taking the decisions regarding emergencies. The President during the emergency period, plays a crucial role. But, it cannot be said that he can solely decide to declare an emergency. Revoking an emergency before the period of six months of its declaration is an emergency power of the President in India.
