Emergency Provisions: Article 352, 356, 360

By | December 20, 2016

As per the articles 352, 356 and 360 in the Constitution of India, President of India have been given extraordinary power to declare an emergency to meet any threat to the country. Those powers to President of India in Constitution are called emergency provisions.

National Emergency (Article 352):

  • If the president of the state is not satisfied with a grave emergency exists whereby the security of India or any part is threatened whether by war or external aggression or an armed rebellion, then he may proclaim a state of national emergency for the whole of India or a part of India.
  • Such a proclamation of emergency may be revoked by the president subsequently.
  • The proclamation of emergency made under article 352 may be subjected to the judicial review and its constitutionally can be questioned in a court of law on the grounds of malafide.
  • The proclamation made must be approved by both the houses of parliament within one month after the proclamation.
  • The effect of the proclamation of emergency is the emergence of the full-fledged Unitary Government.

State Emergency (Article 356):

  • Article 356 provides that if the President, on receipt of a report from the Government of a state or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on by the provisions of the Constitution, the President may issue a proclamation.
  • By that proclamation, the president may assume to himself all or any of the powers vested in the Governor and may declare that the powers of the legislature of the State shall be exercisable by the Parliament.
  • The proclamation issued under Article 356 must be laid before each House of the Parliament. If the proclamation is not approved by both Houses, it will expire in two months.
  • The Proclamation is so approved by Parliament (by simple majority) shall be in operation for six months. However, it may be revoked in between or extended further by the Parliament.

Financial Emergency (Article 360):

  • Article 360 states that if the President is satisfied that a situation has arisen whereby the financial stability or the credit of India or any part thereof is threatened, President may declare a state of financial emergency.
  • During the period such Proclamation is in operation, the executive authority of the Union extends to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, any such directions may also include:
    1. A provision required the reduction of salaries and allowances of all or any class of person serving a State or the Union.
    2. A provision requiring all Money Bills or other Financial Bills to be reserved for the consideration of the President after they are passed by the legislature of the State.
  • A Proclamation issued under Article 360 will remain in force for two months unless before the expiry of the period it is approved by both the Houses of the Parliament.
  • A proclamation issued under Article 360 will remain in force for two months unless before the expiry of the period it is approved by both the Houses of the Parliament.
  • Once approved it remains in force till revoked by the President.
  • No emergency under Article 360 has been issued so far.