Effects of National Emergency

Emergency in India refers to that period when the President of India takes control over a certain area where a sudden crisis has evolved. An emergency is applicable to all those places where there have been administrative disturbances owing to external or internal threats. The whole idea behind applying emergency to a certain place or group of places is to protect the unity and sovereignty of the Country. Part eighteen of our constitution from Articles 352 till Article 360 deals with the Emergency Provisions. In this article, we will discuss the Effects of the National Emergency in India.

Types of  National emergency 

There is provision for three kinds of emergencies in the constitution:-

• National emergency
• Constitutional emergency
• Financial emergency 

National emergency

The provision of National Emergency is contained in Article 352, which mentions that the President can declare a state of National emergency if there is a threat of war or armed rebellion or any external disturbance. When the emergency is declared as a result of external disturbances, it is called External Emergency and if the emergency occurs due to the armed rebellions, it is called Internal Emergency. 

Example-

• The first emergency was declared during the war which lasted for 6 years between India and China from October 1962 to January 1968.
• The second Emergency was declared during the war between India and Pakistan from 3rd to 17th December 1971.
• The third emergency was a continuation of the second one and was declared between 25th June 1975 to 21st March 1977.

Application of National emergency 

• Although the president is in charge when there is a National Emergency, the declaration still requires written recommendation from the cabinet. Additionally, it needs to be approved by the both houses of Parliament within one month from the date of its issue.
• If the Lok Sabha is dissolved before passing the emergency resolution, the resolution is valid for 30 days from the first meeting of Lok sabha after its reformation. However, the Rajya Sabha needs to pass it beforehand.  
• When both the houses approve the provision of National Emergency, it continues for 6 months and can be extended for indefinite time, by taking approvals after every 6 months. 
• For the issuance of the extension of emergency, the provision must be passed by both the houses by a special majority. 

Procedure to Cease National Emergency

• Any emergency can be ceased by the president and does not require anybody’s approval.
• Also, the emergency can be revoked if Lok Sabha passes a resolution to discontinue the emergency.

Effects of National Emergency

• After an emergency, the center state relations change, and the center can direct the state on any matter, the parliament provides laws on any subject and the President is able to change the revenue distribution between the center and states
• During the proclamation of emergency, the period of parliament can be extended by one year at a time for three years, but this period cannot be done for more than a period of six months after the emergency has ceased.
• Article 358 says that all the fundamental rights of the citizens mentioned in article 19 are suspended during an emergency and are revived automatically after the emergency ceases.
• Article 359 provides the power to the President to revoke the rights of the citizens to go to the Supreme Court.

Constitutional Emergency

Article 356 provides for the failure of constitutional machinery in the state. If the governor of any state reports to the President that the state is unable to function according to the constitutional provisions, he may issue a State emergency. The President can declare an emergency even if he does not get any report from the Governor and if he is himself satisfied that the emergency is a must.

Procedure of Proclaiming Constitutional Emergency 

• The provision related to a constitutional emergency must be put before both the houses and both the houses need to approve it.
• If the emergency has to be continued, the provision needs to be passed by both houses.
• If passed by both the houses the emergency can be valid for six months at a time. However, it can be extended beyond one year if, either the national emergency is already in operation or the Election commission ascertains that the elections for State Assemblies cannot be held.. 

Effects of Constitutional Emergency

• The President takes charge of all the executive power or he appoints a governor for the task. 
• During the constitutional emergency, the state assembly is dissolved or suspended but the MLAs do not lose their membership.
• Parliament makes laws for the state list and only assesses the budget for the state.
• High court functions independently

Financial emergency

Provided in Article 360, this type of Emergency arises when the President confirms that the financial stability of the country or any part of the country is at risk. Such an emergency has to be passed by both the houses and ceases to operate after two months unless a resolution for extension is passed by the Parliament.

During a financial emergency, the President may advise the states to reduce the salaries or allowances of those people who are serving in the state (including the judges of the Supreme court and high court). 

There has not been any incident of financial emergency in the country so far.

Conclusion 

Emergency provisions help the President deal with horrendous and threatening situations. However, any wrong person can misuse these powers for his or her personal benefit and harm the democratic system of our country. Over the past many decades, we have seen the positive side of imposing emergencies as the political parties have always worked for the benefit of the people.