How an Emergency Can Be Declared in India?

How an Emergency Can Be Declared in India?

The eme3rgency can be a situation where the fundamental rights of the citizens are withheld, for the purpose of securing the country. The emergency is a crucial and sensitive issue, which is subject to certain rigid conditions.

What is an emergency under Indian Constitution?

The term 'emergency" has been defined by the Black law's dictionary as a failure of the social system to deliver reasonable conditions of life". An emergency is an extreme step that can be taken by the President of India to secure the country from any internal or external assault.

What are the kinds of Emergency in India?

There are three kinds of emergency under the provisions of the Indian Constitution, they are as follows:

• National Emergency: The provision of the National emergency is prescribed under Article 352 of the Constitution of India, that only in case of a serious case of threat to the security of India or any of its territories due to war, external aggression or armed rebellion. Such emergency shall be imposed by the President on the basis of a written request by the Council of Ministers headed by the Prime Minister when they are satisfied that there is a real danger thereof.

During a national emergency, the executive, legislative and financial power rests with the Centre whereas the state legislature is not suspended. The Union Government under Art.250 of the constitution gets the power to legislate in regards to subjects enumerated in the state list.

Except for Art 20 and 21, all the fundamental rights of citizens are suspended. Under Art.359 the President may suspend the right to move to the courts for enforcement of fundamental rights during the time of emergency.

Till date, the national emergency has been imposed thrice in the country- in 1962 at time of Chinese aggression, in 1971 during the Indo-Pak war, in 1975 on the grounds of internal disturbances.

• Failure of Constitutional Machinery: An emergency can be declared under the provision of Article 256 in case of the Constitutional machinery in a state. This is popularly known as the President's rule.

During the state emergency, the Union government has absolute control over the state except for the judiciary.

The three common grounds emerge that have been invoked under Art.356- breakdown of law and order, political instability, corruption and maladministration.

• Financial Emergency: The President can declare a financial emergency under the provision of Article 360 of the Constitution of India, only when he is satisfied with the fact that the financial stability or the credit of India or any part of its territory is threatened.

During the operation of a financial emergency, the executive authority of the union extends to the giving of directions to any state to observe certain specified canons or financial propriety and such other directions that the President may find necessary.

What is the procedure for declaring an emergency in India?

To declare an emergency in India, the procedure must be strictly followed as prescribed in the Constitution of India:

• National Emergency: The proclamation for emergency declaration is required to be laid before each House of Parliament. The emergency shall be automatically withdrawn after one month from the date of its issue unless it is extended by approval from the parliament. This proclamation may continue for a period of 6 months unless revoked by the president. For the further continuance of emergency, the resolution has to be passed by either house of parliament by a majority of not less than two-thirds members of the houses.

• Failure of Constitutional Machinery: If the president on Governor's report or otherwise is satisfied that the situation has arisen that the government can't be carried in accordance with the constitutional provisions then, he may issue a State emergency.

President can declare an emergency either by the report of the Governor or he himself is satisfied that the situation is such that the emergency has to be imposed. But at times, President may declare an emergency when a report is not received from the governor.

The proclamation relating to state emergency shall be laid before each House of Parliament unless both Houses approve it, the emergency shall cease to have effect after the expiry of a period of two months. Further, the duration of the proclamation can be extended to 6 months each time by both Houses of Parliament passing a resolution approving its continuance. Beyond the period of a year, the proclamation can only be continued if the Election Commission certifies that it is not possible to hold an election in the state or that territory.

This process was practiced by President Venkataraman in 1991 in the state of Tamil Nadu even though he didn't receive a report from the governor.

• Financial Emergency: For declaration of the financial emergency, it is necessary to get the proposal approved by both the Houses of Parliament. The emergency gets automatically withdrawn after the expiry of two months of the declaration unless it is extended with the approval of both the Houses before the expiry.