Indian Constitution (Emergency Provisions)

Emergency Provisions are contained in Part XVIII (Articles 352-360) of the Indian Constitution. These provisions allow the President to declare emergencies (national, state, or financial) during extraordinary circumstances. Part XX is on Amendment, Part XXI on Temporary/Transitional Provisions, and Part XVI on Special Provisions for SC/ST/OBC.

As a result of the 44th amendment of the constitution, it is no more possible to declare national emergency on the grounds of internal disturbances. Instead it can be declared on the grounds of armed rebellion.
The proclamation of a war emergency cannot be made by the president unless the Union cabinet gives him in written that such proclamation should be made.

In the Indian constitution, the expression “Proclamation of Emergency” refers to National Emergency under Article 352,President Rule under Article 356 and Financial Emergency under Article 360

The article was used for the first time in 1954. It has also been used in the state of Patiala and East Punjab States union (PEPSU) and then during Vimochana samaram to dismiss the democratically elected Communist state government of Kerala on 31 July, 1959.

Parliamentary approval of emergency proclamation requires a special majority (not simple or absolute). Special majority means: (a) majority of total membership + (b) 2/3 of members present and voting. This higher threshold prevents misuse of emergency powers. Simple majority is insufficient for such a serious matter.

Article 360 of the Constitution mandates that a proclamation of financial emergency must be approved by both Houses of Parliament within two months from the date of its issuance. This ensures democratic oversight over executive emergency powers.

Article 360 specifies that a resolution approving the proclamation of financial emergency requires only a simple majority of members present and voting in each House. Unlike other constitutional provisions requiring special majority, financial emergency approval has a lower voting threshold.

Article 360 does not specify any maximum duration for financial emergency. Unlike national emergency which requires periodic parliamentary approval every six months to continue, financial emergency continues indefinitely until revoked by a presidential proclamation.

The Shah Commission, officially known as the Committee of Inquiry into Emergency Excesses, was constituted in 1977 by the Janata Party government. Headed by former Chief Justice J.C. Shah, it investigated the circumstances and excesses committed during the 1975 Emergency and submitted its report in 1978.

44^th Amendment Act

The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by "war or external aggression or armed rebellion".

Per Article 352, a proclamation of emergency can be revoked by a resolution of the Lok Sabha passed by simple majority. Rajya Sabha consent is not required for revocation, unlike initial approval which requires both Houses. The President can also revoke directly by subsequent proclamation.

Burden lies on the Central Government to prove that relevant material exists to justify the imposition of the President's rule.

Laws enacted during President's Rule under Article 356 remain in force even after the emergency is revoked. They do not automatically lapse, become dormant, or expire. These laws can only be repealed or amended through the normal legislative process after normal governance resumes.