President's Rule or Constitutional Emergency | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


 
 
President’s Rule/ Constitutional Em
Gopal Subramanium has observed, Article 356 derives from Section 93 of the Government of 
India Act 1935, which was not categorised as an emergency provision
Committee saw Article 356 as means to
political forces, principally communism
ballot box and then proceed to subvert constitutional
Ambedkar hoped it to be a ‘dead
Article 355 imposes a duty on the Centre to ensure that the government of
carried on in accordance with the provisions of the Constitution.
performance of which the Centre takes over the
case of failure of constitutional machinery in state.
The President’s Rule can be proclaimed under Article 356 on two grounds
in Article 356 itself and another in Article 365:
1. Article 356 empowers the President to issue a proclamation, if he is
situation has arisen in which the government of a state
with the provisions of the Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even w
2. Article 365 says that whenever a state fails to comply with or to give
from the Centre, it will be lawful for the president
the government of the state cannot be carried on in accordance with the provisions of the
Constitution. 
 
 
Proclamation of President’s Rule
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However,
President’s Rule is issued at a time wh
of the Lok Sabha takes place 
proclamation, then the proclamation survives until 30 days from the first sitting of the Lok 
Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean
If approved by both the Houses of Parliament, the President’s Rule
It can be extended for a maximum period of three
every six months. Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament
majority of the members of that House present and voting.
 
Constitutional Emergency:  
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
1935, which was not categorised as an emergency provision. The Drafting 
as means to establish a provision that could be used to tackle 
forces, principally communism that might come to power in the States through the 
ballot box and then proceed to subvert constitutional democracy. The committee and 
ad letter’ of the Constitution.  
Article 355 imposes a duty on the Centre to ensure that the government of every state is 
rried on in accordance with the provisions of the Constitution. It is this duty in the 
performance of which the Centre takes over the government of a state under Article 356 in 
machinery in state. 
’s Rule can be proclaimed under Article 356 on two grounds —one mentioned 
in Article 356 itself and another in Article 365: 
1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a 
situation has arisen in which the government of a state cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even without the governor’s report). 
2. Article 365 says that whenever a state fails to comply with or to give effect to any direction 
from the Centre, it will be lawful for the president to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the
le:  
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However, if the proclamation of 
President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution 
 during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
ution, provided the Rajya Sabha approves it in the mean time.
If approved by both the Houses of Parliament, the President’s Rule continues for six months
It can be extended for a maximum period of three years with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament only by a simple majority, that is, a 
majority of the members of that House present and voting. 
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
. The Drafting 
establish a provision that could be used to tackle 
to power in the States through the 
The committee and 
every state is 
It is this duty in the 
government of a state under Article 356 in 
one mentioned 
satisfied that a 
cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the 
effect to any direction 
to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the 
A proclamation imposing President’s Rule must be approved by both the Houses of 
if the proclamation of 
Sabha has been dissolved or the dissolution 
during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
time. 
continues for six months. 
with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its 
majority, that is, a 
Page 2


 
 
President’s Rule/ Constitutional Em
Gopal Subramanium has observed, Article 356 derives from Section 93 of the Government of 
India Act 1935, which was not categorised as an emergency provision
Committee saw Article 356 as means to
political forces, principally communism
ballot box and then proceed to subvert constitutional
Ambedkar hoped it to be a ‘dead
Article 355 imposes a duty on the Centre to ensure that the government of
carried on in accordance with the provisions of the Constitution.
performance of which the Centre takes over the
case of failure of constitutional machinery in state.
The President’s Rule can be proclaimed under Article 356 on two grounds
in Article 356 itself and another in Article 365:
1. Article 356 empowers the President to issue a proclamation, if he is
situation has arisen in which the government of a state
with the provisions of the Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even w
2. Article 365 says that whenever a state fails to comply with or to give
from the Centre, it will be lawful for the president
the government of the state cannot be carried on in accordance with the provisions of the
Constitution. 
 
 
Proclamation of President’s Rule
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However,
President’s Rule is issued at a time wh
of the Lok Sabha takes place 
proclamation, then the proclamation survives until 30 days from the first sitting of the Lok 
Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean
If approved by both the Houses of Parliament, the President’s Rule
It can be extended for a maximum period of three
every six months. Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament
majority of the members of that House present and voting.
 
Constitutional Emergency:  
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
1935, which was not categorised as an emergency provision. The Drafting 
as means to establish a provision that could be used to tackle 
forces, principally communism that might come to power in the States through the 
ballot box and then proceed to subvert constitutional democracy. The committee and 
ad letter’ of the Constitution.  
Article 355 imposes a duty on the Centre to ensure that the government of every state is 
rried on in accordance with the provisions of the Constitution. It is this duty in the 
performance of which the Centre takes over the government of a state under Article 356 in 
machinery in state. 
’s Rule can be proclaimed under Article 356 on two grounds —one mentioned 
in Article 356 itself and another in Article 365: 
1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a 
situation has arisen in which the government of a state cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even without the governor’s report). 
2. Article 365 says that whenever a state fails to comply with or to give effect to any direction 
from the Centre, it will be lawful for the president to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the
le:  
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However, if the proclamation of 
President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution 
 during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
ution, provided the Rajya Sabha approves it in the mean time.
If approved by both the Houses of Parliament, the President’s Rule continues for six months
It can be extended for a maximum period of three years with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament only by a simple majority, that is, a 
majority of the members of that House present and voting. 
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
. The Drafting 
establish a provision that could be used to tackle 
to power in the States through the 
The committee and 
every state is 
It is this duty in the 
government of a state under Article 356 in 
one mentioned 
satisfied that a 
cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the 
effect to any direction 
to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the 
A proclamation imposing President’s Rule must be approved by both the Houses of 
if the proclamation of 
Sabha has been dissolved or the dissolution 
during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
time. 
continues for six months. 
with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its 
majority, that is, a 
 
 
The 44th Amendment Act of 1978 introduced a new provision to put
Parliament to extend a proclamation of President’s
Rule beyond one year. Thus, it provided that, beyond one year, the
extended by six months at a time only when the
1. a proclamation of National Emergency should be in operation in the
the whole or any part of the state; and
2. the Election Commission must certify that the general elections to the
of the concerned state cannot be held on account of
Revocation of Emergency: 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the
Impact of Emergency: 
The President acquires the following extraordinary powers when the
President’s Rule is imposed in a state:
1. He can take up the functions of the state gov
any other executive authority in the state.
2. He can declare that the powers of the state legislature are to be exercised
Parliament. 
3. He can take all other necessary steps including the suspension of 
provisions relating to anybody or authority in the state.
When the state legislature is thus suspended or dissolved:
1. the Parliament can delegate the power to make laws for the state to the
other authority specified by him in this regard,
2. the Parliament or in case of delegation, the Presi
make laws conferring powers and imposing duties
on the Centre or its officers and authorities,
3. the President can authorise, when the Lok Sabha is not in session,
state consolidated fund pending its sanction by the
4. the President can promulgate, when the Parliament is not in session,
governance of the state. 
 
The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of 
Parliament to extend a proclamation of President’s 
ear. Thus, it provided that, beyond one year, the President’s Rule can be 
extended by six months at a time only when the following two conditions are fulfilled:
1. a proclamation of National Emergency should be in operation in the whole of India, or in 
whole or any part of the state; and 
2. the Election Commission must certify that the general elections to the legislative assembly 
of the concerned state cannot be held on account of difficulties. 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the parliamentary approval.
The President acquires the following extraordinary powers when the 
President’s Rule is imposed in a state: 
1. He can take up the functions of the state government and powers vested in the governor or 
any other executive authority in the state. 
2. He can declare that the powers of the state legislature are to be exercised
3. He can take all other necessary steps including the suspension of the 
body or authority in the state. 
When the state legislature is thus suspended or dissolved: 
1. the Parliament can delegate the power to make laws for the state to the President or to any 
other authority specified by him in this regard, 
2. the Parliament or in case of delegation, the President or any other specified authority can 
make laws conferring powers and imposing duties 
on the Centre or its officers and authorities, 
3. the President can authorise, when the Lok Sabha is not in session, expenditure from the 
ing its sanction by the Parliament, and 
4. the President can promulgate, when the Parliament is not in session, ordinances for the 
restraint on the power of 
President’s Rule can be 
following two conditions are fulfilled: 
whole of India, or in 
legislative assembly 
A proclamation of President’s Rule may be revoked by the President at any time by a 
parliamentary approval. 
the governor or 
2. He can declare that the powers of the state legislature are to be exercised by the 
 constitutional 
President or to any 
specified authority can 
expenditure from the 
ordinances for the 
Page 3


 
 
President’s Rule/ Constitutional Em
Gopal Subramanium has observed, Article 356 derives from Section 93 of the Government of 
India Act 1935, which was not categorised as an emergency provision
Committee saw Article 356 as means to
political forces, principally communism
ballot box and then proceed to subvert constitutional
Ambedkar hoped it to be a ‘dead
Article 355 imposes a duty on the Centre to ensure that the government of
carried on in accordance with the provisions of the Constitution.
performance of which the Centre takes over the
case of failure of constitutional machinery in state.
The President’s Rule can be proclaimed under Article 356 on two grounds
in Article 356 itself and another in Article 365:
1. Article 356 empowers the President to issue a proclamation, if he is
situation has arisen in which the government of a state
with the provisions of the Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even w
2. Article 365 says that whenever a state fails to comply with or to give
from the Centre, it will be lawful for the president
the government of the state cannot be carried on in accordance with the provisions of the
Constitution. 
 
 
Proclamation of President’s Rule
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However,
President’s Rule is issued at a time wh
of the Lok Sabha takes place 
proclamation, then the proclamation survives until 30 days from the first sitting of the Lok 
Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean
If approved by both the Houses of Parliament, the President’s Rule
It can be extended for a maximum period of three
every six months. Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament
majority of the members of that House present and voting.
 
Constitutional Emergency:  
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
1935, which was not categorised as an emergency provision. The Drafting 
as means to establish a provision that could be used to tackle 
forces, principally communism that might come to power in the States through the 
ballot box and then proceed to subvert constitutional democracy. The committee and 
ad letter’ of the Constitution.  
Article 355 imposes a duty on the Centre to ensure that the government of every state is 
rried on in accordance with the provisions of the Constitution. It is this duty in the 
performance of which the Centre takes over the government of a state under Article 356 in 
machinery in state. 
’s Rule can be proclaimed under Article 356 on two grounds —one mentioned 
in Article 356 itself and another in Article 365: 
1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a 
situation has arisen in which the government of a state cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even without the governor’s report). 
2. Article 365 says that whenever a state fails to comply with or to give effect to any direction 
from the Centre, it will be lawful for the president to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the
le:  
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However, if the proclamation of 
President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution 
 during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
ution, provided the Rajya Sabha approves it in the mean time.
If approved by both the Houses of Parliament, the President’s Rule continues for six months
It can be extended for a maximum period of three years with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament only by a simple majority, that is, a 
majority of the members of that House present and voting. 
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
. The Drafting 
establish a provision that could be used to tackle 
to power in the States through the 
The committee and 
every state is 
It is this duty in the 
government of a state under Article 356 in 
one mentioned 
satisfied that a 
cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the 
effect to any direction 
to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the 
A proclamation imposing President’s Rule must be approved by both the Houses of 
if the proclamation of 
Sabha has been dissolved or the dissolution 
during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
time. 
continues for six months. 
with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its 
majority, that is, a 
 
 
The 44th Amendment Act of 1978 introduced a new provision to put
Parliament to extend a proclamation of President’s
Rule beyond one year. Thus, it provided that, beyond one year, the
extended by six months at a time only when the
1. a proclamation of National Emergency should be in operation in the
the whole or any part of the state; and
2. the Election Commission must certify that the general elections to the
of the concerned state cannot be held on account of
Revocation of Emergency: 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the
Impact of Emergency: 
The President acquires the following extraordinary powers when the
President’s Rule is imposed in a state:
1. He can take up the functions of the state gov
any other executive authority in the state.
2. He can declare that the powers of the state legislature are to be exercised
Parliament. 
3. He can take all other necessary steps including the suspension of 
provisions relating to anybody or authority in the state.
When the state legislature is thus suspended or dissolved:
1. the Parliament can delegate the power to make laws for the state to the
other authority specified by him in this regard,
2. the Parliament or in case of delegation, the Presi
make laws conferring powers and imposing duties
on the Centre or its officers and authorities,
3. the President can authorise, when the Lok Sabha is not in session,
state consolidated fund pending its sanction by the
4. the President can promulgate, when the Parliament is not in session,
governance of the state. 
 
The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of 
Parliament to extend a proclamation of President’s 
ear. Thus, it provided that, beyond one year, the President’s Rule can be 
extended by six months at a time only when the following two conditions are fulfilled:
1. a proclamation of National Emergency should be in operation in the whole of India, or in 
whole or any part of the state; and 
2. the Election Commission must certify that the general elections to the legislative assembly 
of the concerned state cannot be held on account of difficulties. 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the parliamentary approval.
The President acquires the following extraordinary powers when the 
President’s Rule is imposed in a state: 
1. He can take up the functions of the state government and powers vested in the governor or 
any other executive authority in the state. 
2. He can declare that the powers of the state legislature are to be exercised
3. He can take all other necessary steps including the suspension of the 
body or authority in the state. 
When the state legislature is thus suspended or dissolved: 
1. the Parliament can delegate the power to make laws for the state to the President or to any 
other authority specified by him in this regard, 
2. the Parliament or in case of delegation, the President or any other specified authority can 
make laws conferring powers and imposing duties 
on the Centre or its officers and authorities, 
3. the President can authorise, when the Lok Sabha is not in session, expenditure from the 
ing its sanction by the Parliament, and 
4. the President can promulgate, when the Parliament is not in session, ordinances for the 
restraint on the power of 
President’s Rule can be 
following two conditions are fulfilled: 
whole of India, or in 
legislative assembly 
A proclamation of President’s Rule may be revoked by the President at any time by a 
parliamentary approval. 
the governor or 
2. He can declare that the powers of the state legislature are to be exercised by the 
 constitutional 
President or to any 
specified authority can 
expenditure from the 
ordinances for the 
 
 
A law made by the Parliament or president or any other specified authority
operative even after the President’s Rule.
vested in the concerned state high court or suspend the provisions of
to it. 
The 38th Amendment Act of 1975 made the satisfaction of the President in
356 final and conclusive which could not be challenged in
provision was subsequently deleted by the
satisfaction of the President is not beyond judicial review
The Sarkaria Commission on Centre
exercise of Article 356 might be j
party to cobble together a workable majority in the State legislature; 
resulting from an effort of a State government to undermine responsible government; 
physical breakdown following an inability to respond to internal disturbance or natural 
calamity; and non-compliance with the Union
infrastructure or refusing to follow
Based on the report of the Sarkaria Commission on Centre
Supreme Court in Bommai case (1994) enlisted the situations
under Article 356 could be proper or improper
propositions have been laid down by
a state under Article 356: 
1. The presidential proclamation imposing President’s Rule is subject to
2. The satisfaction of the President must be based on relevant material.
3. Burden lies on the Centre to prove that relevant material exist to justify
the President’s Rule. 
4. The court cannot go into the correctness of the material or its adequacy
whether it is relevant to the action.
5. If the court holds the presidential proclamation to be unconstitutional and
power to restore the dismissed state government and revive
was suspended or dissolved. 
6. The state legislative assembly should be dissolved only after the
the presidential proclamation. 
Financial Emergency:  
Rahul Sagar finds the inclusion of Article 360 under the 
peculiar as well. As such the real purpose of Article 360, 
contended, was about the fiscal impact of populism
 
A law made by the Parliament or president or any other specified authority continues to be 
operative even after the President’s Rule. The President cannot assume to himself the
vested in the concerned state high court or suspend the provisions of the Constitution relating 
The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 
356 final and conclusive which could not be challenged in any court on any ground. But, this 
provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the 
is not beyond judicial review. 
The Sarkaria Commission on Centre-state relations identified four conditions under
exercise of Article 356 might be justified: a political crisis arising from the inability of any
party to cobble together a workable majority in the State legislature; internal subversion
from an effort of a State government to undermine responsible government; 
following an inability to respond to internal disturbance or natural 
with the Union, for instance by failing to maintain national 
infrastructure or refusing to follow directions during war. 
Based on the report of the Sarkaria Commission on Centre–state Relations
Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power 
under Article 356 could be proper or improper. In Bommai case (1994), the following 
propositions have been laid down by the Supreme Court on imposition of President’s Rule in 
1. The presidential proclamation imposing President’s Rule is subject to judicial review.
tisfaction of the President must be based on relevant material. 
3. Burden lies on the Centre to prove that relevant material exist to justify the imposition of 
4. The court cannot go into the correctness of the material or its adequacy but it can see 
whether it is relevant to the action. 
5. If the court holds the presidential proclamation to be unconstitutional and invalid, it has 
state government and revive the state legislative assembly if it 
6. The state legislative assembly should be dissolved only after the Parliament has approved 
Rahul Sagar finds the inclusion of Article 360 under the ‘emergency’ provisions rather 
As such the real purpose of Article 360, HN Kunzru and K Santhanam 
about the fiscal impact of populism on the State finances.  
continues to be 
President cannot assume to himself the powers 
the Constitution relating 
invoking Article 
any court on any ground. But, this 
44th Amendment Act of 1978 implying that the 
four conditions under which the 
arising from the inability of any 
internal subversion 
from an effort of a State government to undermine responsible government; 
following an inability to respond to internal disturbance or natural 
, for instance by failing to maintain national 
state Relations (1988), the 
where the exercise of power 
In Bommai case (1994), the following 
the Supreme Court on imposition of President’s Rule in 
judicial review. 
the imposition of 
but it can see 
invalid, it has 
the state legislative assembly if it 
Parliament has approved 
provisions rather 
and K Santhanam 
Page 4


 
 
President’s Rule/ Constitutional Em
Gopal Subramanium has observed, Article 356 derives from Section 93 of the Government of 
India Act 1935, which was not categorised as an emergency provision
Committee saw Article 356 as means to
political forces, principally communism
ballot box and then proceed to subvert constitutional
Ambedkar hoped it to be a ‘dead
Article 355 imposes a duty on the Centre to ensure that the government of
carried on in accordance with the provisions of the Constitution.
performance of which the Centre takes over the
case of failure of constitutional machinery in state.
The President’s Rule can be proclaimed under Article 356 on two grounds
in Article 356 itself and another in Article 365:
1. Article 356 empowers the President to issue a proclamation, if he is
situation has arisen in which the government of a state
with the provisions of the Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even w
2. Article 365 says that whenever a state fails to comply with or to give
from the Centre, it will be lawful for the president
the government of the state cannot be carried on in accordance with the provisions of the
Constitution. 
 
 
Proclamation of President’s Rule
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However,
President’s Rule is issued at a time wh
of the Lok Sabha takes place 
proclamation, then the proclamation survives until 30 days from the first sitting of the Lok 
Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean
If approved by both the Houses of Parliament, the President’s Rule
It can be extended for a maximum period of three
every six months. Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament
majority of the members of that House present and voting.
 
Constitutional Emergency:  
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
1935, which was not categorised as an emergency provision. The Drafting 
as means to establish a provision that could be used to tackle 
forces, principally communism that might come to power in the States through the 
ballot box and then proceed to subvert constitutional democracy. The committee and 
ad letter’ of the Constitution.  
Article 355 imposes a duty on the Centre to ensure that the government of every state is 
rried on in accordance with the provisions of the Constitution. It is this duty in the 
performance of which the Centre takes over the government of a state under Article 356 in 
machinery in state. 
’s Rule can be proclaimed under Article 356 on two grounds —one mentioned 
in Article 356 itself and another in Article 365: 
1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a 
situation has arisen in which the government of a state cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even without the governor’s report). 
2. Article 365 says that whenever a state fails to comply with or to give effect to any direction 
from the Centre, it will be lawful for the president to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the
le:  
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However, if the proclamation of 
President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution 
 during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
ution, provided the Rajya Sabha approves it in the mean time.
If approved by both the Houses of Parliament, the President’s Rule continues for six months
It can be extended for a maximum period of three years with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament only by a simple majority, that is, a 
majority of the members of that House present and voting. 
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
. The Drafting 
establish a provision that could be used to tackle 
to power in the States through the 
The committee and 
every state is 
It is this duty in the 
government of a state under Article 356 in 
one mentioned 
satisfied that a 
cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the 
effect to any direction 
to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the 
A proclamation imposing President’s Rule must be approved by both the Houses of 
if the proclamation of 
Sabha has been dissolved or the dissolution 
during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
time. 
continues for six months. 
with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its 
majority, that is, a 
 
 
The 44th Amendment Act of 1978 introduced a new provision to put
Parliament to extend a proclamation of President’s
Rule beyond one year. Thus, it provided that, beyond one year, the
extended by six months at a time only when the
1. a proclamation of National Emergency should be in operation in the
the whole or any part of the state; and
2. the Election Commission must certify that the general elections to the
of the concerned state cannot be held on account of
Revocation of Emergency: 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the
Impact of Emergency: 
The President acquires the following extraordinary powers when the
President’s Rule is imposed in a state:
1. He can take up the functions of the state gov
any other executive authority in the state.
2. He can declare that the powers of the state legislature are to be exercised
Parliament. 
3. He can take all other necessary steps including the suspension of 
provisions relating to anybody or authority in the state.
When the state legislature is thus suspended or dissolved:
1. the Parliament can delegate the power to make laws for the state to the
other authority specified by him in this regard,
2. the Parliament or in case of delegation, the Presi
make laws conferring powers and imposing duties
on the Centre or its officers and authorities,
3. the President can authorise, when the Lok Sabha is not in session,
state consolidated fund pending its sanction by the
4. the President can promulgate, when the Parliament is not in session,
governance of the state. 
 
The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of 
Parliament to extend a proclamation of President’s 
ear. Thus, it provided that, beyond one year, the President’s Rule can be 
extended by six months at a time only when the following two conditions are fulfilled:
1. a proclamation of National Emergency should be in operation in the whole of India, or in 
whole or any part of the state; and 
2. the Election Commission must certify that the general elections to the legislative assembly 
of the concerned state cannot be held on account of difficulties. 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the parliamentary approval.
The President acquires the following extraordinary powers when the 
President’s Rule is imposed in a state: 
1. He can take up the functions of the state government and powers vested in the governor or 
any other executive authority in the state. 
2. He can declare that the powers of the state legislature are to be exercised
3. He can take all other necessary steps including the suspension of the 
body or authority in the state. 
When the state legislature is thus suspended or dissolved: 
1. the Parliament can delegate the power to make laws for the state to the President or to any 
other authority specified by him in this regard, 
2. the Parliament or in case of delegation, the President or any other specified authority can 
make laws conferring powers and imposing duties 
on the Centre or its officers and authorities, 
3. the President can authorise, when the Lok Sabha is not in session, expenditure from the 
ing its sanction by the Parliament, and 
4. the President can promulgate, when the Parliament is not in session, ordinances for the 
restraint on the power of 
President’s Rule can be 
following two conditions are fulfilled: 
whole of India, or in 
legislative assembly 
A proclamation of President’s Rule may be revoked by the President at any time by a 
parliamentary approval. 
the governor or 
2. He can declare that the powers of the state legislature are to be exercised by the 
 constitutional 
President or to any 
specified authority can 
expenditure from the 
ordinances for the 
 
 
A law made by the Parliament or president or any other specified authority
operative even after the President’s Rule.
vested in the concerned state high court or suspend the provisions of
to it. 
The 38th Amendment Act of 1975 made the satisfaction of the President in
356 final and conclusive which could not be challenged in
provision was subsequently deleted by the
satisfaction of the President is not beyond judicial review
The Sarkaria Commission on Centre
exercise of Article 356 might be j
party to cobble together a workable majority in the State legislature; 
resulting from an effort of a State government to undermine responsible government; 
physical breakdown following an inability to respond to internal disturbance or natural 
calamity; and non-compliance with the Union
infrastructure or refusing to follow
Based on the report of the Sarkaria Commission on Centre
Supreme Court in Bommai case (1994) enlisted the situations
under Article 356 could be proper or improper
propositions have been laid down by
a state under Article 356: 
1. The presidential proclamation imposing President’s Rule is subject to
2. The satisfaction of the President must be based on relevant material.
3. Burden lies on the Centre to prove that relevant material exist to justify
the President’s Rule. 
4. The court cannot go into the correctness of the material or its adequacy
whether it is relevant to the action.
5. If the court holds the presidential proclamation to be unconstitutional and
power to restore the dismissed state government and revive
was suspended or dissolved. 
6. The state legislative assembly should be dissolved only after the
the presidential proclamation. 
Financial Emergency:  
Rahul Sagar finds the inclusion of Article 360 under the 
peculiar as well. As such the real purpose of Article 360, 
contended, was about the fiscal impact of populism
 
A law made by the Parliament or president or any other specified authority continues to be 
operative even after the President’s Rule. The President cannot assume to himself the
vested in the concerned state high court or suspend the provisions of the Constitution relating 
The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 
356 final and conclusive which could not be challenged in any court on any ground. But, this 
provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the 
is not beyond judicial review. 
The Sarkaria Commission on Centre-state relations identified four conditions under
exercise of Article 356 might be justified: a political crisis arising from the inability of any
party to cobble together a workable majority in the State legislature; internal subversion
from an effort of a State government to undermine responsible government; 
following an inability to respond to internal disturbance or natural 
with the Union, for instance by failing to maintain national 
infrastructure or refusing to follow directions during war. 
Based on the report of the Sarkaria Commission on Centre–state Relations
Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power 
under Article 356 could be proper or improper. In Bommai case (1994), the following 
propositions have been laid down by the Supreme Court on imposition of President’s Rule in 
1. The presidential proclamation imposing President’s Rule is subject to judicial review.
tisfaction of the President must be based on relevant material. 
3. Burden lies on the Centre to prove that relevant material exist to justify the imposition of 
4. The court cannot go into the correctness of the material or its adequacy but it can see 
whether it is relevant to the action. 
5. If the court holds the presidential proclamation to be unconstitutional and invalid, it has 
state government and revive the state legislative assembly if it 
6. The state legislative assembly should be dissolved only after the Parliament has approved 
Rahul Sagar finds the inclusion of Article 360 under the ‘emergency’ provisions rather 
As such the real purpose of Article 360, HN Kunzru and K Santhanam 
about the fiscal impact of populism on the State finances.  
continues to be 
President cannot assume to himself the powers 
the Constitution relating 
invoking Article 
any court on any ground. But, this 
44th Amendment Act of 1978 implying that the 
four conditions under which the 
arising from the inability of any 
internal subversion 
from an effort of a State government to undermine responsible government; 
following an inability to respond to internal disturbance or natural 
, for instance by failing to maintain national 
state Relations (1988), the 
where the exercise of power 
In Bommai case (1994), the following 
the Supreme Court on imposition of President’s Rule in 
judicial review. 
the imposition of 
but it can see 
invalid, it has 
the state legislative assembly if it 
Parliament has approved 
provisions rather 
and K Santhanam 
 
 
Article 360 empowers the president to proclaim a Financial Emergency if he
situation has arisen due to which the financial stability
territory is threatened. 
The 38th Amendment Act of 1975 made the satisfaction of the president in
Financial Emergency final and conclusive and not questionable in
But, this provision was subsequently deleted by the
that the satisfaction of the president
Proclamation of Emergency: 
A proclamation declaring financial emergency must be approved by both the
Parliament within two months from the date of its issue. H
Financial Emergency is issued at a time when the Lok
dissolution of the Lok Sabha takes place
the proclamation, then the proclamation survives 
Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime
approved it. Importantly, it is to be noted that:
1. there is no maximum period prescribed for its operation; and
2. repeated parliamentary approval is not required fo
A resolution approving the proclamation of financial emergency can be
House of Parliament only by a simple majority, that is, a
house present and voting. A proclamation of Financial Emerg
president at anytime by a subsequent proclamation. Such a proclamation does not
parliamentary approval. 
The consequences of the proclamation of a Financial Emergency are as
1. The executive authority of the Centre extends (a) to directing any state to
canons of financial propriety as are specified by it; and (b)
deem necessary and adequate for the
2. Any such direction may include a provision requiring (a) the reduction of
allowances of all or any class of persons ser
money bills or other financial bills for the
by the legislature of the state. 
3. The President may issue directions for the reduction of salaries and
any class of persons serving the Union; and (b)
court. 
Thus, during the operation of a financial emergency, the Centre acquires
states in financial matters. 
 
Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a 
situation has arisen due to which the financial stability or credit of India or any part of its 
The 38th Amendment Act of 1975 made the satisfaction of the president in
Financial Emergency final and conclusive and not questionable in any court on any ground. 
But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying 
that the satisfaction of the president is not beyond judicial review. 
A proclamation declaring financial emergency must be approved by both the
Parliament within two months from the date of its issue. However, if the proclamation of 
Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the 
dissolution of the Lok Sabha takes place during the period of two months without approving 
the proclamation survives until 30 days from the first sitting of the 
after its reconstitution, provided the Rajya Sabha has in the meantime
is to be noted that: 
1. there is no maximum period prescribed for its operation; and 
2. repeated parliamentary approval is not required for its continuation. 
A resolution approving the proclamation of financial emergency can be passed by either 
House of Parliament only by a simple majority, that is, a majority of the members of that 
A proclamation of Financial Emergency may be revoked by the 
at anytime by a subsequent proclamation. Such a proclamation does not
The consequences of the proclamation of a Financial Emergency are as follows: 
1. The executive authority of the Centre extends (a) to directing any state to 
ropriety as are specified by it; and (b) to directions as the President may 
deem necessary and adequate for the purpose. 
2. Any such direction may include a provision requiring (a) the reduction of
allowances of all or any class of persons serving in the state; and (b) the reservation of all 
money bills or other financial bills for the consideration of the President after they are passed 
3. The President may issue directions for the reduction of salaries and allowances of (a) all or 
any class of persons serving the Union; and (b) the judges of the Supreme Court and the high 
Thus, during the operation of a financial emergency, the Centre acquires full control over the 
is satisfied that a 
credit of India or any part of its 
The 38th Amendment Act of 1975 made the satisfaction of the president in declaring a 
any court on any ground. 
Act of 1978 implying 
A proclamation declaring financial emergency must be approved by both the Houses of 
if the proclamation of 
Sabha has been dissolved or the 
during the period of two months without approving 
until 30 days from the first sitting of the 
after its reconstitution, provided the Rajya Sabha has in the meantime has 
passed by either 
majority of the members of that 
ency may be revoked by the 
at anytime by a subsequent proclamation. Such a proclamation does not require the 
 
 observe such 
to directions as the President may 
2. Any such direction may include a provision requiring (a) the reduction of salaries and 
and (b) the reservation of all 
consideration of the President after they are passed 
owances of (a) all or 
the judges of the Supreme Court and the high 
full control over the 
Page 5


 
 
President’s Rule/ Constitutional Em
Gopal Subramanium has observed, Article 356 derives from Section 93 of the Government of 
India Act 1935, which was not categorised as an emergency provision
Committee saw Article 356 as means to
political forces, principally communism
ballot box and then proceed to subvert constitutional
Ambedkar hoped it to be a ‘dead
Article 355 imposes a duty on the Centre to ensure that the government of
carried on in accordance with the provisions of the Constitution.
performance of which the Centre takes over the
case of failure of constitutional machinery in state.
The President’s Rule can be proclaimed under Article 356 on two grounds
in Article 356 itself and another in Article 365:
1. Article 356 empowers the President to issue a proclamation, if he is
situation has arisen in which the government of a state
with the provisions of the Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even w
2. Article 365 says that whenever a state fails to comply with or to give
from the Centre, it will be lawful for the president
the government of the state cannot be carried on in accordance with the provisions of the
Constitution. 
 
 
Proclamation of President’s Rule
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However,
President’s Rule is issued at a time wh
of the Lok Sabha takes place 
proclamation, then the proclamation survives until 30 days from the first sitting of the Lok 
Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean
If approved by both the Houses of Parliament, the President’s Rule
It can be extended for a maximum period of three
every six months. Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament
majority of the members of that House present and voting.
 
Constitutional Emergency:  
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
1935, which was not categorised as an emergency provision. The Drafting 
as means to establish a provision that could be used to tackle 
forces, principally communism that might come to power in the States through the 
ballot box and then proceed to subvert constitutional democracy. The committee and 
ad letter’ of the Constitution.  
Article 355 imposes a duty on the Centre to ensure that the government of every state is 
rried on in accordance with the provisions of the Constitution. It is this duty in the 
performance of which the Centre takes over the government of a state under Article 356 in 
machinery in state. 
’s Rule can be proclaimed under Article 356 on two grounds —one mentioned 
in Article 356 itself and another in Article 365: 
1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a 
situation has arisen in which the government of a state cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the
governor of the state or otherwise too (ie, even without the governor’s report). 
2. Article 365 says that whenever a state fails to comply with or to give effect to any direction 
from the Centre, it will be lawful for the president to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the
le:  
A proclamation imposing President’s Rule must be approved by both the
Parliament within two months from the date of its issue. However, if the proclamation of 
President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution 
 during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
ution, provided the Rajya Sabha approves it in the mean time.
If approved by both the Houses of Parliament, the President’s Rule continues for six months
It can be extended for a maximum period of three years with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its
continuation can be passed by either House of Parliament only by a simple majority, that is, a 
majority of the members of that House present and voting. 
Subramanium has observed, Article 356 derives from Section 93 of the Government of 
. The Drafting 
establish a provision that could be used to tackle 
to power in the States through the 
The committee and 
every state is 
It is this duty in the 
government of a state under Article 356 in 
one mentioned 
satisfied that a 
cannot be carried on in accordance 
Constitution. Notably, the president can act either on a report of the 
effect to any direction 
to hold that a situation has arisen in which 
annot be carried on in accordance with the provisions of the 
A proclamation imposing President’s Rule must be approved by both the Houses of 
if the proclamation of 
Sabha has been dissolved or the dissolution 
during the period of two months without approving the 
the proclamation survives until 30 days from the first sitting of the Lok 
time. 
continues for six months. 
with the approval of the Parliament, 
Every resolution approving the proclamation of President’s Rule or its 
majority, that is, a 
 
 
The 44th Amendment Act of 1978 introduced a new provision to put
Parliament to extend a proclamation of President’s
Rule beyond one year. Thus, it provided that, beyond one year, the
extended by six months at a time only when the
1. a proclamation of National Emergency should be in operation in the
the whole or any part of the state; and
2. the Election Commission must certify that the general elections to the
of the concerned state cannot be held on account of
Revocation of Emergency: 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the
Impact of Emergency: 
The President acquires the following extraordinary powers when the
President’s Rule is imposed in a state:
1. He can take up the functions of the state gov
any other executive authority in the state.
2. He can declare that the powers of the state legislature are to be exercised
Parliament. 
3. He can take all other necessary steps including the suspension of 
provisions relating to anybody or authority in the state.
When the state legislature is thus suspended or dissolved:
1. the Parliament can delegate the power to make laws for the state to the
other authority specified by him in this regard,
2. the Parliament or in case of delegation, the Presi
make laws conferring powers and imposing duties
on the Centre or its officers and authorities,
3. the President can authorise, when the Lok Sabha is not in session,
state consolidated fund pending its sanction by the
4. the President can promulgate, when the Parliament is not in session,
governance of the state. 
 
The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of 
Parliament to extend a proclamation of President’s 
ear. Thus, it provided that, beyond one year, the President’s Rule can be 
extended by six months at a time only when the following two conditions are fulfilled:
1. a proclamation of National Emergency should be in operation in the whole of India, or in 
whole or any part of the state; and 
2. the Election Commission must certify that the general elections to the legislative assembly 
of the concerned state cannot be held on account of difficulties. 
A proclamation of President’s Rule may be revoked by the President at any
subsequent proclamation. Such a proclamation does not require the parliamentary approval.
The President acquires the following extraordinary powers when the 
President’s Rule is imposed in a state: 
1. He can take up the functions of the state government and powers vested in the governor or 
any other executive authority in the state. 
2. He can declare that the powers of the state legislature are to be exercised
3. He can take all other necessary steps including the suspension of the 
body or authority in the state. 
When the state legislature is thus suspended or dissolved: 
1. the Parliament can delegate the power to make laws for the state to the President or to any 
other authority specified by him in this regard, 
2. the Parliament or in case of delegation, the President or any other specified authority can 
make laws conferring powers and imposing duties 
on the Centre or its officers and authorities, 
3. the President can authorise, when the Lok Sabha is not in session, expenditure from the 
ing its sanction by the Parliament, and 
4. the President can promulgate, when the Parliament is not in session, ordinances for the 
restraint on the power of 
President’s Rule can be 
following two conditions are fulfilled: 
whole of India, or in 
legislative assembly 
A proclamation of President’s Rule may be revoked by the President at any time by a 
parliamentary approval. 
the governor or 
2. He can declare that the powers of the state legislature are to be exercised by the 
 constitutional 
President or to any 
specified authority can 
expenditure from the 
ordinances for the 
 
 
A law made by the Parliament or president or any other specified authority
operative even after the President’s Rule.
vested in the concerned state high court or suspend the provisions of
to it. 
The 38th Amendment Act of 1975 made the satisfaction of the President in
356 final and conclusive which could not be challenged in
provision was subsequently deleted by the
satisfaction of the President is not beyond judicial review
The Sarkaria Commission on Centre
exercise of Article 356 might be j
party to cobble together a workable majority in the State legislature; 
resulting from an effort of a State government to undermine responsible government; 
physical breakdown following an inability to respond to internal disturbance or natural 
calamity; and non-compliance with the Union
infrastructure or refusing to follow
Based on the report of the Sarkaria Commission on Centre
Supreme Court in Bommai case (1994) enlisted the situations
under Article 356 could be proper or improper
propositions have been laid down by
a state under Article 356: 
1. The presidential proclamation imposing President’s Rule is subject to
2. The satisfaction of the President must be based on relevant material.
3. Burden lies on the Centre to prove that relevant material exist to justify
the President’s Rule. 
4. The court cannot go into the correctness of the material or its adequacy
whether it is relevant to the action.
5. If the court holds the presidential proclamation to be unconstitutional and
power to restore the dismissed state government and revive
was suspended or dissolved. 
6. The state legislative assembly should be dissolved only after the
the presidential proclamation. 
Financial Emergency:  
Rahul Sagar finds the inclusion of Article 360 under the 
peculiar as well. As such the real purpose of Article 360, 
contended, was about the fiscal impact of populism
 
A law made by the Parliament or president or any other specified authority continues to be 
operative even after the President’s Rule. The President cannot assume to himself the
vested in the concerned state high court or suspend the provisions of the Constitution relating 
The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 
356 final and conclusive which could not be challenged in any court on any ground. But, this 
provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the 
is not beyond judicial review. 
The Sarkaria Commission on Centre-state relations identified four conditions under
exercise of Article 356 might be justified: a political crisis arising from the inability of any
party to cobble together a workable majority in the State legislature; internal subversion
from an effort of a State government to undermine responsible government; 
following an inability to respond to internal disturbance or natural 
with the Union, for instance by failing to maintain national 
infrastructure or refusing to follow directions during war. 
Based on the report of the Sarkaria Commission on Centre–state Relations
Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power 
under Article 356 could be proper or improper. In Bommai case (1994), the following 
propositions have been laid down by the Supreme Court on imposition of President’s Rule in 
1. The presidential proclamation imposing President’s Rule is subject to judicial review.
tisfaction of the President must be based on relevant material. 
3. Burden lies on the Centre to prove that relevant material exist to justify the imposition of 
4. The court cannot go into the correctness of the material or its adequacy but it can see 
whether it is relevant to the action. 
5. If the court holds the presidential proclamation to be unconstitutional and invalid, it has 
state government and revive the state legislative assembly if it 
6. The state legislative assembly should be dissolved only after the Parliament has approved 
Rahul Sagar finds the inclusion of Article 360 under the ‘emergency’ provisions rather 
As such the real purpose of Article 360, HN Kunzru and K Santhanam 
about the fiscal impact of populism on the State finances.  
continues to be 
President cannot assume to himself the powers 
the Constitution relating 
invoking Article 
any court on any ground. But, this 
44th Amendment Act of 1978 implying that the 
four conditions under which the 
arising from the inability of any 
internal subversion 
from an effort of a State government to undermine responsible government; 
following an inability to respond to internal disturbance or natural 
, for instance by failing to maintain national 
state Relations (1988), the 
where the exercise of power 
In Bommai case (1994), the following 
the Supreme Court on imposition of President’s Rule in 
judicial review. 
the imposition of 
but it can see 
invalid, it has 
the state legislative assembly if it 
Parliament has approved 
provisions rather 
and K Santhanam 
 
 
Article 360 empowers the president to proclaim a Financial Emergency if he
situation has arisen due to which the financial stability
territory is threatened. 
The 38th Amendment Act of 1975 made the satisfaction of the president in
Financial Emergency final and conclusive and not questionable in
But, this provision was subsequently deleted by the
that the satisfaction of the president
Proclamation of Emergency: 
A proclamation declaring financial emergency must be approved by both the
Parliament within two months from the date of its issue. H
Financial Emergency is issued at a time when the Lok
dissolution of the Lok Sabha takes place
the proclamation, then the proclamation survives 
Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime
approved it. Importantly, it is to be noted that:
1. there is no maximum period prescribed for its operation; and
2. repeated parliamentary approval is not required fo
A resolution approving the proclamation of financial emergency can be
House of Parliament only by a simple majority, that is, a
house present and voting. A proclamation of Financial Emerg
president at anytime by a subsequent proclamation. Such a proclamation does not
parliamentary approval. 
The consequences of the proclamation of a Financial Emergency are as
1. The executive authority of the Centre extends (a) to directing any state to
canons of financial propriety as are specified by it; and (b)
deem necessary and adequate for the
2. Any such direction may include a provision requiring (a) the reduction of
allowances of all or any class of persons ser
money bills or other financial bills for the
by the legislature of the state. 
3. The President may issue directions for the reduction of salaries and
any class of persons serving the Union; and (b)
court. 
Thus, during the operation of a financial emergency, the Centre acquires
states in financial matters. 
 
Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a 
situation has arisen due to which the financial stability or credit of India or any part of its 
The 38th Amendment Act of 1975 made the satisfaction of the president in
Financial Emergency final and conclusive and not questionable in any court on any ground. 
But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying 
that the satisfaction of the president is not beyond judicial review. 
A proclamation declaring financial emergency must be approved by both the
Parliament within two months from the date of its issue. However, if the proclamation of 
Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the 
dissolution of the Lok Sabha takes place during the period of two months without approving 
the proclamation survives until 30 days from the first sitting of the 
after its reconstitution, provided the Rajya Sabha has in the meantime
is to be noted that: 
1. there is no maximum period prescribed for its operation; and 
2. repeated parliamentary approval is not required for its continuation. 
A resolution approving the proclamation of financial emergency can be passed by either 
House of Parliament only by a simple majority, that is, a majority of the members of that 
A proclamation of Financial Emergency may be revoked by the 
at anytime by a subsequent proclamation. Such a proclamation does not
The consequences of the proclamation of a Financial Emergency are as follows: 
1. The executive authority of the Centre extends (a) to directing any state to 
ropriety as are specified by it; and (b) to directions as the President may 
deem necessary and adequate for the purpose. 
2. Any such direction may include a provision requiring (a) the reduction of
allowances of all or any class of persons serving in the state; and (b) the reservation of all 
money bills or other financial bills for the consideration of the President after they are passed 
3. The President may issue directions for the reduction of salaries and allowances of (a) all or 
any class of persons serving the Union; and (b) the judges of the Supreme Court and the high 
Thus, during the operation of a financial emergency, the Centre acquires full control over the 
is satisfied that a 
credit of India or any part of its 
The 38th Amendment Act of 1975 made the satisfaction of the president in declaring a 
any court on any ground. 
Act of 1978 implying 
A proclamation declaring financial emergency must be approved by both the Houses of 
if the proclamation of 
Sabha has been dissolved or the 
during the period of two months without approving 
until 30 days from the first sitting of the 
after its reconstitution, provided the Rajya Sabha has in the meantime has 
passed by either 
majority of the members of that 
ency may be revoked by the 
at anytime by a subsequent proclamation. Such a proclamation does not require the 
 
 observe such 
to directions as the President may 
2. Any such direction may include a provision requiring (a) the reduction of salaries and 
and (b) the reservation of all 
consideration of the President after they are passed 
owances of (a) all or 
the judges of the Supreme Court and the high 
full control over the 
 
 
Criticisms of Emergency Provisions:
Some members of the Constituent Assembly criticised the incorporation of
provisions in the Constitution on the following grounds15:
1. ‘The federal character of the Consti
powerful. 
2. The powers of the State—both the Union and the units
the hands of the Union executive.
3. The President will become a dictator.
4. The financial autonomy of the state will be nullified.
5. Fundamental rights will become meaningless and, as a result, the
of the Constitution will be destroyed.’
 
Provisions: 
Some members of the Constituent Assembly criticised the incorporation of
provisions in the Constitution on the following grounds15: 
1. ‘The federal character of the Constitution will be destroyed and the Union will become all 
both the Union and the units—will entirely be concentrated in 
the hands of the Union executive. 
3. The President will become a dictator. 
f the state will be nullified. 
5. Fundamental rights will become meaningless and, as a result, the democratic foundations 
of the Constitution will be destroyed.’ 
Some members of the Constituent Assembly criticised the incorporation of emergency 
will become all 
concentrated in 
democratic foundations