winners president powers 2

Emergency Provisions in the Indian Constitution

In this lesson, we will discuss emergency provisions (called "Emergency Provisions" in English). An emergency situation is one where conditions in India are different from normal circumstances. When abnormal conditions arise, the President is granted certain powers to restore normalcy. These powers are known as emergency powers.

What Constitutes an Emergency?

Abnormal conditions, deviating from the usual state of affairs, can be defined by threats to the following:

• India's unity
• India's integrity
• India's sovereignty
• National security
• The Indian Constitution

If these are threatened, or are perceived to be threatened, it can be considered a situation deviating from normalcy. To reiterate, the President's powers to restore normal conditions during such times are called "emergency powers" or "emergency provisions."

Constitutional Basis of Emergency Powers

The emergency powers are detailed in Part XVIII of the Indian Constitution. Specifically, Articles 352 to 360 deal with these provisions.

Types of Emergencies

There are three types of emergencies:

1. Article 352: National Emergency (Jాతీయ అత్యవసర పరిస్థితి). This is declared due to war, external aggression, or armed rebellion.

2. Article 356: President's Rule (రాష్ట్రపతి పాలన) in a state. Also known as Constitutional Emergency (రాజ్యాంగ అత్యవసర పరిస్థితి) or Central Rule (కేంద్ర పాలన). This is imposed when there is a breakdown of constitutional machinery in a state.

3. Article 360: Financial Emergency (జాతీయ ఆర్థిక అత్యవసర పరిస్థితి). This is declared when the financial stability or credit of India is threatened.

Article	Type of Emergency	Telugu Term
352	National Emergency	జాతీయ అత్యవసర పరిస్థితి
356	President's Rule / Constitutional Emergency / Central Rule	రాష్ట్రపతి పాలన / రాజ్యాంగ అత్యవసర పరిస్థితి / కేంద్ర పాలన
360	Financial Emergency	జాతీయ ఆర్థిక అత్యవసర పరిస్థితి

Origins of the Emergency Provisions

The concept of emergency provisions was borrowed from the Government of India Act, 1935.

The Emergency provisions have been taken/adopted from the Government of India Act of 1935.

Suspension of Fundamental Rights

During a National Emergency, the President can temporarily suspend Fundamental Rights. This concept was borrowed from Germany.

During National emergency, the president can temporarily suspend fundamental rights. This concept was taken/adopted from Germany.

However, through the 44th Constitutional Amendment in 1978, it was stipulated that even during a National Emergency, Articles 20 and 21 cannot be suspended. This concept was borrowed from Japan.

Even During National emergency, Article 20 and 21 cannot be suspended temporarly. This concept was taken from Japan.

Key Points to Consider for Each Emergency Type

When studying each type of emergency (Articles 352, 356, and 360), consider these crucial aspects:

• Where can it be imposed?
• Who imposes it?
• Within how many days must Parliament approve it?
• What is the minimum and maximum duration?
• What type of majority is required for parliamentary approval?

Rationale for Emergency Provisions

The inclusion of emergency provisions in the Constitution was driven by a desire to create a strong central government capable of handling crises. The partition of India in 1947 highlighted the absence of such a strong center. The presence of princely states, British-ruled provinces, and the British government's self-serving policies created a situation where a unified response to the partition was impossible. The goal was to prevent similar situations in the future. Examples like the Bengal riots of 1946, where thousands died in a single day, underscored the need for a strong government capable of maintaining order. The partition itself, based on religion, further demonstrated the lack of a central authority that could prevent such a division. To safeguard the country from future crises and ensure a strong, unified response, emergency provisions were deemed necessary.

The Need for a Strong Central Government During Emergencies

During an emergency, a strong central government is formed. Key figures in the Constituent Assembly, including Dr. B.R. Ambedkar, Jawaharlal Nehru, B.N. Rau, and Alladi Krishnaswamy Iyer, advocated for the inclusion of these provisions.

Review - Types of Emergency

Three types of Emergency are there.

1. Article 352: National Emergency.

2. Article 356: President's Rule. Also known as Constitutional Emergency or Central Rule.

3. Article 360: Financial Emergency.