Why this matters now
The emergency provisions are central to the GS-2 theme of federalism under stress. The 1975 internal emergency, the misuse of Article 356 to dismiss state governments, and the corrective 44th Amendment (1978) and S.R. Bommai (1994) judgment together form a complete arc of constitutional learning — abuse, judicial response, and safeguards.
The three types of emergency
| Type | Article | Ground |
|---|---|---|
| National Emergency | 352 | War, external aggression, or armed rebellion |
| State Emergency (President’s Rule) | 356 | Failure of constitutional machinery in a state |
| Financial Emergency | 360 | Threat to the financial stability or credit of India |
National Emergency (Article 352)
Proclaimed when the security of India is threatened by war, external aggression or armed rebellion (the term “internal disturbance” was replaced by “armed rebellion” by the 44th Amendment). Key features:
- Must be approved by both Houses within one month by a special majority; once approved it lasts six months and can be extended indefinitely in six-month blocks.
- The Centre can give directions to states; Parliament can legislate on State List subjects; the Lok Sabha’s term can be extended.
- Article 358 automatically suspends Article 19 freedoms during an external emergency; Article 359 lets the President suspend the enforcement of other rights — but the 44th Amendment made Articles 20 and 21 non-suspendable.
- Proclaimed in 1962 (China), 1971 (Pakistan) and 1975 (internal).
President’s Rule (Article 356)
Imposed when the President is satisfied that the government of a state cannot be carried on in accordance with the Constitution. Effects: the state executive is taken over by the Centre, the Assembly is dissolved or suspended, and Parliament exercises state legislative power. It needs parliamentary approval within two months and lasts six months at a time (maximum three years with conditions).
S.R. Bommai vs Union of India (1994) is the great check: it held that the floor of the House, not the Governor’s subjective view, is the test of majority; that Article 356 is subject to judicial review; and that secularism is part of the basic structure. This sharply curtailed the earlier routine misuse of 356.
Financial Emergency (Article 360)
Can be proclaimed if the financial stability or credit of India (or any part) is threatened. During it, the Centre can direct states to observe canons of financial propriety, reduce salaries (including of judges), and reserve money bills for the President’s consideration. It has never been proclaimed in India.
The 44th Amendment safeguards
After the 1975-77 emergency, the 44th Amendment Act 1978 built in safeguards: “internal disturbance” was replaced by “armed rebellion”; the Cabinet’s written advice is required to proclaim a national emergency; approval needs a special majority; Articles 20 and 21 can never be suspended; and the right to property was removed as a fundamental right. Together these make a repeat of 1975 far harder.
UPSC angle
Mains questions cluster around Article 356 misuse and S.R. Bommai, and around the 44th Amendment’s safeguards. For Prelims, memorise the grounds, approval majorities and durations, and the 358 vs 359 distinction.
Frequently asked questions
What are the three types of emergency in the Indian Constitution?
National Emergency under Article 352 (war, external aggression or armed rebellion), State Emergency or President’s Rule under Article 356 (failure of constitutional machinery in a state), and Financial Emergency under Article 360 (threat to India’s financial stability).
How many times has a National Emergency been declared?
Three times — in 1962 (China war), 1971 (Pakistan war) and 1975 (the controversial internal emergency).
What did the 44th Amendment change about emergencies?
It replaced “internal disturbance” with “armed rebellion”, required the Cabinet’s written advice, mandated special-majority approval, and made Articles 20 and 21 non-suspendable even during an emergency.
What is the significance of S.R. Bommai (1994)?
It held that the use of Article 356 is subject to judicial review, that majority must be tested on the floor of the House, and that secularism is part of the basic structure — curbing the misuse of President’s Rule.
Has a Financial Emergency ever been declared?
No. Article 360 has never been invoked in India.