EMERGENCY PROVISIONS


The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.

These provisions enable the Central government to meet any abnormal situation effectively.

Provisions have been made in the Constitution for dealing with extraordinary situations that may threaten the peace, security, stability and governance of the country or a part thereof.

During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre.

It converts the federal structure into a unitary one without a formal amendment of the Constitution.

The Constitution stipulates three types of emergencies:

[1] An emergency due to war, external aggression or armed rebellion (Article 352).  This is popularly known as ‘National Emergency’. However, the Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.

[2] An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’.  It is also known by two other names—‘State Emergency’ or ‘constitutional Emergency’.  However, the Constitution does not use the word ‘emergency’ for this situation.

[3] Financial Emergency due to a threat to the financial stability or credit of India (Article 360).

National Emergency

President’s Rule

Financial Emergency