Part XVIII - Emergency Provisions (Article 352 - 360)

Part XVIII of the Constitution contains provisions for emergency situations, including national, localised and financial emergencies. The Constitution of India provides for three types of Emergencies - National Emergency (Article 352), State Emergency (Article 356) and Financial Emergency (Article 360). 

i. National Emergency (Article 352)

The Emergency is declared by the President. Such an emergency was declared in 1962 (Indo China War), 1971 (Indo Pakistan War), 1975 (Internal Disturbance). During the emergency the State can suspend the fundamental rights conferred in Part III of the Indian Constitution. Any proclamation by the president is valid only for one month unless it is approved by both houses of the parliament. An emergency provision, unless revoked, ceases to operate on the expiration of period of six months.

ii. State Emergency/President's Rule (Article 356 & 365)

Article 356 (1) states that if the president on receipt of a report from Governor of a State, or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried in accordance with the provisions of the constitution, he can proclaim this emergency. The President may do the same when any State has failed to comply with, or to give effect to, any directions given by the Union (Article 365). The proclamation should be approved within two months by both houses of the Parliament, then it remains in force for six months. Under Article 356 of the Indian Constitution, Emergency can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needed extension for more than three years, it can be achieved by constitutional amendment.

iii. Financial Emergency (Article 360)

The President proclaims Financial Emergency under article 360 if he is satisfied that the financial stability or credit of india or any part thereof is threatened. This proclamation must be approved within two months by the Parliament. All money bills and financial bills passed by the state legislative can be reserved for President's consideration during the period of financial emergency. Financial Emergency has never been declared. A state of financial emergency remains in force indefinitely until revoked by the President. The proclamation of financial emergency empowers the president to issue direction for the reduction of salary and allowances of the employees of Central and State government.

Emergency Provisions (Article 352 - 360)

Article 352: Proclamation of Emergency.

Article 353: Effect of Proclamation of Emergency.

Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.

Article 355: Duty of the Union to protect States against external aggression and internal disturbance

Article 356: Provisions in case of failure of constitutional machinery in States

Article 357: Exercise of legislative powers under Proclamation issued under article 356

Article 358: Suspension of provisions of article 19 during emergencies

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies

Article 359A: Application of this Part to the State of Punjab.

Article 360: Provisions as to financial emergency