Emergency Provisions: Details and Procedures

Reasons for Imposing Emergencies

Article 352 (National Emergency)

There are two broad categories of reasons for imposing a National Emergency:

1. External Reasons (బహిర్గత కారణం - bahirgata kāraṇaṁ)
   • War (యుద్ధం - yuddhaṁ): If India is at war with another country.
   • External Aggression (దురాక్రమణ - durākramaṇa): If another country invades or occupies Indian territory. This refers to an unprovoked military attack or encroachment.

     Example: China's claim and incursion into the Doklam region of Sikkim is an example of external aggression.

2. Internal Reasons (అంతర్గత కారణం - antargata kāraṇaṁ)
   • Armed Rebellion (సాయుధ తిరుగుబాటు - sāyudha tirugubāṭu): A violent uprising against the government within India. This could involve any group of people, including government employees, labor unions, ordinary citizens, or even the armed forces.

     The Constitution uses the term "armed rebellion," not "insurgency," although the latter term is sometimes used colloquially.

Article 356 (President's Rule)

President's rule is imposed in the following reasons.

• Breakdown of Constitutional Machinery in a State (రాష్ట్రంలో రాజ్యాంగ యంత్రాంగం వైఫల్యం - rāṣhṭraṁlō rājyāṅga yantrāṅgaṁ vaiphalyam): This is a broad term, and the Constitution *does not* explicitly define it. However, it generally encompasses situations where the state government is unable to function according to the provisions of the Constitution.

Examples of Breakdown of Constitutional Machinery:

• The existing government is unable to function effectively.
• The existing government loses its majority in the state legislative assembly.
• No party can form a government after state assembly elections due to a lack of a clear majority.
• The state government fails to comply with directions given by the Union government under Article 365.
• There is a serious breakdown of law and order (శాంతిభద్రతలు క్షీణించడం - śāntibhadratala kṣhīṇiñchaḍaṁ) in the state.

Article 360 (Financial Emergency)

• Threat to India's Financial Stability (భారత ఆర్థిక వ్యవస్థకు భంగం - bhārata ārthika vyavasthaku bhaṅgaṁ): This is declared when the President believes that India's financial stability or credit is threatened.

The Constitution does *not* provide a precise definition of "threat to India's financial stability." However, it can be understood to include situations like:

• Significant decline in exports and imports.
• Depletion of foreign exchange reserves.
• A sharp decrease in government revenue (e.g., tax collection). The economic disruption caused by the COVID-19 pandemic in 2020 could be considered an example of a situation that might threaten financial stability.

Where Can Emergencies Be Imposed?

• Article 352 (National Emergency)

  Can be imposed on the entire territory of India or a specific part of it.

• Article 356 (President's Rule)

  Imposed on an entire state. It cannot be imposed on only a part of a state.

  For example, if President's Rule is to be imposed in Telangana, it must be imposed on the entire state, not just a specific region within Telangana.

• Article 360 (Financial Emergency)

  Can be imposed on the entire territory of India or a specific part of it.

Who Imposes Emergencies?

In all three cases (Article 352, 356, and 360), the President is the authority who proclaims the emergency.

Parliamentary Approval

• Article 352 (National Emergency)

  Must be approved by Parliament within one month of its proclamation by the President, with a special majority.

• Article 356 (President's Rule)

  Must be approved by Parliament within two months.

• Article 360 (Financial Emergency)

  Must be approved by Parliament within two months.

Effective Date of Proclamation

• Article 352 (National Emergency)

  Effective from the date the second house of the parliament approves the resolution.

• Article 356 (President's Rule)

  Effective from the date the President issues the Proclamation.

• Article 360 (Financial Emergency)

  Effective from the date the second house of the parliament approves the resolution.

This distinction is important. President's rule is in effect immediately upon the president's decision, whereas a national or financial emergency requires that second parliamentary approval to take effect.

Revocation of Emergency

Any of the three emergencies (Article 352, 356, or 360) can be revoked by:

• A simple proclamation by the President.
• A resolution passed by the Union Council of Ministers (కేంద్ర మంత్రిమండలి - kēndra maṁtrimaṇḍali).

Procedure if Lok Sabha is Dissolved

If the Lok Sabha is dissolved when any of the three emergencies is proclaimed, the following procedure applies:

• The Rajya Sabha must approve the proclamation.
• After the Lok Sabha is reconstituted, it must approve the proclamation within 30 days of its first sitting.

Joint Sitting and Number of times imposed

• Joint sitting
  There is no provision for a joint sitting of Parliament for the approval of any of the emergency proclamations.
• Number of times imposed
  National Emergency has been proclaimed in three occasions.

Majority Required for Approval

• Article 352 (National Emergency)

  Requires special majority.

Further discussion of each emergency's specific effects will be covered when the relevant articles are discussed in detail. This comprehensive overview provides a very solid foundation for understanding the complex topic of emergency provisions. It emphasizes the reasons, procedures, approvals, and revocation processes for each type of emergency, all crucial information for competitive exams.