Emergency Provision in Indian Constitution | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


 
 
Emergency Provisions in the Indian Constitution:
Emergency provisions are contained in Part XVIII of the
360. These provisions enable the
effectively. The emergency provisions were seen 
Germany. According to BR Ambedkar, 
well as federal according to the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so
work as though it was a unitary system.
The Indian Constitution has provisions for three types of emergencies:
Name 
National Emergency 
(Proclamation of External/ 
Internal Emergency) 
Constitutional/ State 
Emergency (President’s 
Rule) 
Financial Emergency 
 
National Emergency:  
Under Article 352, the President can declare a national emergency when the
or a part of it is threatened by war or external aggression or
Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire
of it. The 42nd Amendment Act of 1976 enabled the
National Emergency to a specified part of
The President can also issue different proclamations on grounds of war,
armed rebellion, or imminent danger thereof, whether or
issued by him and such proclamation is in
Amendment Act of 1975. 
The 44
th
 Amendment Act further provided that 
emergency only after receiving a written 
 
Emergency Provisions in the Indian Constitution: 
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 
emergency provisions were seen as inspired from the Weimar Constitution of 
Germany. According to BR Ambedkar, “...the Constitution of India can be both unitary 
the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so designed as to make it 
though it was a unitary system.” 
The Indian Constitution has provisions for three types of emergencies: 
Article Concerned Main Cause/Reason
Article 352 
An emergency due to war, external 
aggression or armed rebellion
Article 356 
An Emergency due to the failure 
of the constitutional machinery in 
the states 
Article 360 
An due to a threat to the financial 
stability or credit of
Under Article 352, the President can declare a national emergency when the security of India 
or a part of it is threatened by war or external aggression or armed rebellion.
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire country or only a part 
of it. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a 
National Emergency to a specified part of India. 
President can also issue different proclamations on grounds of war, external aggression, 
rebellion, or imminent danger thereof, whether or not there is a proclamation already 
issued by him and such proclamation is in operation. This provision was added by the 38th 
Amendment Act further provided that the President can proclaim a national 
receiving a written recommendation from the cabinet. This means that 
Constitution, from Articles 352 to 
Central government to meet any abnormal situation 
as inspired from the Weimar Constitution of 
Constitution of India can be both unitary as 
the requirements of time and circumstances. In normal times, it is 
designed as to make it 
Main Cause/Reason 
An emergency due to war, external 
aggression or armed rebellion 
An Emergency due to the failure 
constitutional machinery in 
due to a threat to the financial 
stability or credit of India 
security of India 
armed rebellion. The 44th 
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. 
or only a part 
resident to limit the operation of a 
external aggression, 
not there is a proclamation already 
operation. This provision was added by the 38th 
can proclaim a national 
. This means that 
Page 2


 
 
Emergency Provisions in the Indian Constitution:
Emergency provisions are contained in Part XVIII of the
360. These provisions enable the
effectively. The emergency provisions were seen 
Germany. According to BR Ambedkar, 
well as federal according to the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so
work as though it was a unitary system.
The Indian Constitution has provisions for three types of emergencies:
Name 
National Emergency 
(Proclamation of External/ 
Internal Emergency) 
Constitutional/ State 
Emergency (President’s 
Rule) 
Financial Emergency 
 
National Emergency:  
Under Article 352, the President can declare a national emergency when the
or a part of it is threatened by war or external aggression or
Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire
of it. The 42nd Amendment Act of 1976 enabled the
National Emergency to a specified part of
The President can also issue different proclamations on grounds of war,
armed rebellion, or imminent danger thereof, whether or
issued by him and such proclamation is in
Amendment Act of 1975. 
The 44
th
 Amendment Act further provided that 
emergency only after receiving a written 
 
Emergency Provisions in the Indian Constitution: 
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 
emergency provisions were seen as inspired from the Weimar Constitution of 
Germany. According to BR Ambedkar, “...the Constitution of India can be both unitary 
the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so designed as to make it 
though it was a unitary system.” 
The Indian Constitution has provisions for three types of emergencies: 
Article Concerned Main Cause/Reason
Article 352 
An emergency due to war, external 
aggression or armed rebellion
Article 356 
An Emergency due to the failure 
of the constitutional machinery in 
the states 
Article 360 
An due to a threat to the financial 
stability or credit of
Under Article 352, the President can declare a national emergency when the security of India 
or a part of it is threatened by war or external aggression or armed rebellion.
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire country or only a part 
of it. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a 
National Emergency to a specified part of India. 
President can also issue different proclamations on grounds of war, external aggression, 
rebellion, or imminent danger thereof, whether or not there is a proclamation already 
issued by him and such proclamation is in operation. This provision was added by the 38th 
Amendment Act further provided that the President can proclaim a national 
receiving a written recommendation from the cabinet. This means that 
Constitution, from Articles 352 to 
Central government to meet any abnormal situation 
as inspired from the Weimar Constitution of 
Constitution of India can be both unitary as 
the requirements of time and circumstances. In normal times, it is 
designed as to make it 
Main Cause/Reason 
An emergency due to war, external 
aggression or armed rebellion 
An Emergency due to the failure 
constitutional machinery in 
due to a threat to the financial 
stability or credit of India 
security of India 
armed rebellion. The 44th 
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. 
or only a part 
resident to limit the operation of a 
external aggression, 
not there is a proclamation already 
operation. This provision was added by the 38th 
can proclaim a national 
. This means that 
 
 
the emergency can be declared only on the concurrence of the cabinet and not
advice of the Prime Minister. 
The 38th Amendment Act of 1975 made the declaration of a National
from the judicial review. But, this provision was
Amendment Act of 1978. Further, in the
that the proclamation of a national emergency can be challenged in a court on the ground of 
malafide or that the declaration was based on wholly extraneous and irrelevant facts or
absurd or perverse. 
Proclamation of Emergency: 
The proclamation of Emergency must be approved by both the Houses of
one month from the date of its issue
proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the
dissolution of the Lok Sabha takes place durin
the proclamation, then the proclamation survives until 30
Lok Sabha after its reconstitution, provided
If approved by both the Houses of Parliament, the emergency continues for
can be extended to an indefinite period with an approval of
months as per the 44
th
 Amendment 
If the dissolution of the Lok Sabha takes place during the period of six months
approving the further continuance of Emergency, then the
days from the first sitting of the Lok Sabha
has in the mean-time approved its continuation.
Every resolution approving the proclamation of emergency or its
by either House of Parliament by a special
membership of that house, and (b)
that house present and voting. This special majority provision was introdu
Amendment Act of 1978. Previously, such resolution could be passed by a
the Parliament. 
Revocation of Emergency: 
A proclamation of emergency may be revoked by the President at any time
proclamation. Such a proclamation does not require the
Further the 44
th
 Amendment added
Sabha passes a resolution disapproving its continuation.
number of members of the Lok Sabha give a written notice to the
if the House is not in session), a special sitting of
the purpose of considering a resolutio
 
emergency can be declared only on the concurrence of the cabinet and not merely on the 
The 38th Amendment Act of 1975 made the declaration of a National Emergency immune 
from the judicial review. But, this provision was subsequently deleted by the 44th 
her, in the Minerva Mills case, (1980), the Supreme Court held 
a national emergency can be challenged in a court on the ground of 
or that the declaration was based on wholly extraneous and irrelevant facts or
The proclamation of Emergency must be approved by both the Houses of Parliament within 
one month from the date of its issue (Reduced from 2 by the 44
th
 Amendment). If 
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 one month without approving 
the proclamation, then the proclamation survives until 30 days from the first sitting of the 
Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the Houses of Parliament, the emergency continues for six months, and 
xtended to an indefinite period with an approval of the Parliament for every six 
endment Act.  
dissolution of the Lok Sabha takes place during the period of six months
approving the further continuance of Emergency, then the proclamation survives until 30 
days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha 
approved its continuation. 
Every resolution approving the proclamation of emergency or its continuance must be passed
by either House of Parliament by a special majority that is, (a) a majority of the total 
membership of that house, and (b) a majority of not less than two-thirds of the members of 
and voting. This special majority provision was introduced by the 44
Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of 
A proclamation of emergency may be revoked by the President at any time by a subsequent 
proclamation. Such a proclamation does not require the parliamentary approval. 
Amendment added, the President must revoke a proclamation if the Lok 
a resolution disapproving its continuation. It requires that one-tenth of
number of members of the Lok Sabha give a written notice to the Speaker (or to the president 
if the House is not in session), a special sitting of the House should be held within 14 days for 
resolution disapproving the continuation of the proclamation.
merely on the 
Emergency immune 
subsequently deleted by the 44th 
, (1980), the Supreme Court held 
a national emergency can be challenged in a court on the ground of 
or that the declaration was based on wholly extraneous and irrelevant facts or is 
Parliament within 
Amendment). If the 
emergency is issued at a time when the Lok Sabha has been dissolved or the 
without approving 
days from the first sitting of the 
the Rajya Sabha has in the meantime approved it. 
six months, and 
Parliament for every six 
dissolution of the Lok Sabha takes place during the period of six months without 
ion survives until 30 
after its reconstitution, provided the Rajya Sabha 
continuance must be passed 
is, (a) a majority of the total 
thirds of the members of 
ced by the 44
th
 
simple majority of 
by a subsequent 
 
, the President must revoke a proclamation if the Lok 
tenth of the total 
Speaker (or to the president 
the House should be held within 14 days for 
n disapproving the continuation of the proclamation. 
Page 3


 
 
Emergency Provisions in the Indian Constitution:
Emergency provisions are contained in Part XVIII of the
360. These provisions enable the
effectively. The emergency provisions were seen 
Germany. According to BR Ambedkar, 
well as federal according to the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so
work as though it was a unitary system.
The Indian Constitution has provisions for three types of emergencies:
Name 
National Emergency 
(Proclamation of External/ 
Internal Emergency) 
Constitutional/ State 
Emergency (President’s 
Rule) 
Financial Emergency 
 
National Emergency:  
Under Article 352, the President can declare a national emergency when the
or a part of it is threatened by war or external aggression or
Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire
of it. The 42nd Amendment Act of 1976 enabled the
National Emergency to a specified part of
The President can also issue different proclamations on grounds of war,
armed rebellion, or imminent danger thereof, whether or
issued by him and such proclamation is in
Amendment Act of 1975. 
The 44
th
 Amendment Act further provided that 
emergency only after receiving a written 
 
Emergency Provisions in the Indian Constitution: 
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 
emergency provisions were seen as inspired from the Weimar Constitution of 
Germany. According to BR Ambedkar, “...the Constitution of India can be both unitary 
the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so designed as to make it 
though it was a unitary system.” 
The Indian Constitution has provisions for three types of emergencies: 
Article Concerned Main Cause/Reason
Article 352 
An emergency due to war, external 
aggression or armed rebellion
Article 356 
An Emergency due to the failure 
of the constitutional machinery in 
the states 
Article 360 
An due to a threat to the financial 
stability or credit of
Under Article 352, the President can declare a national emergency when the security of India 
or a part of it is threatened by war or external aggression or armed rebellion.
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire country or only a part 
of it. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a 
National Emergency to a specified part of India. 
President can also issue different proclamations on grounds of war, external aggression, 
rebellion, or imminent danger thereof, whether or not there is a proclamation already 
issued by him and such proclamation is in operation. This provision was added by the 38th 
Amendment Act further provided that the President can proclaim a national 
receiving a written recommendation from the cabinet. This means that 
Constitution, from Articles 352 to 
Central government to meet any abnormal situation 
as inspired from the Weimar Constitution of 
Constitution of India can be both unitary as 
the requirements of time and circumstances. In normal times, it is 
designed as to make it 
Main Cause/Reason 
An emergency due to war, external 
aggression or armed rebellion 
An Emergency due to the failure 
constitutional machinery in 
due to a threat to the financial 
stability or credit of India 
security of India 
armed rebellion. The 44th 
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. 
or only a part 
resident to limit the operation of a 
external aggression, 
not there is a proclamation already 
operation. This provision was added by the 38th 
can proclaim a national 
. This means that 
 
 
the emergency can be declared only on the concurrence of the cabinet and not
advice of the Prime Minister. 
The 38th Amendment Act of 1975 made the declaration of a National
from the judicial review. But, this provision was
Amendment Act of 1978. Further, in the
that the proclamation of a national emergency can be challenged in a court on the ground of 
malafide or that the declaration was based on wholly extraneous and irrelevant facts or
absurd or perverse. 
Proclamation of Emergency: 
The proclamation of Emergency must be approved by both the Houses of
one month from the date of its issue
proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the
dissolution of the Lok Sabha takes place durin
the proclamation, then the proclamation survives until 30
Lok Sabha after its reconstitution, provided
If approved by both the Houses of Parliament, the emergency continues for
can be extended to an indefinite period with an approval of
months as per the 44
th
 Amendment 
If the dissolution of the Lok Sabha takes place during the period of six months
approving the further continuance of Emergency, then the
days from the first sitting of the Lok Sabha
has in the mean-time approved its continuation.
Every resolution approving the proclamation of emergency or its
by either House of Parliament by a special
membership of that house, and (b)
that house present and voting. This special majority provision was introdu
Amendment Act of 1978. Previously, such resolution could be passed by a
the Parliament. 
Revocation of Emergency: 
A proclamation of emergency may be revoked by the President at any time
proclamation. Such a proclamation does not require the
Further the 44
th
 Amendment added
Sabha passes a resolution disapproving its continuation.
number of members of the Lok Sabha give a written notice to the
if the House is not in session), a special sitting of
the purpose of considering a resolutio
 
emergency can be declared only on the concurrence of the cabinet and not merely on the 
The 38th Amendment Act of 1975 made the declaration of a National Emergency immune 
from the judicial review. But, this provision was subsequently deleted by the 44th 
her, in the Minerva Mills case, (1980), the Supreme Court held 
a national emergency can be challenged in a court on the ground of 
or that the declaration was based on wholly extraneous and irrelevant facts or
The proclamation of Emergency must be approved by both the Houses of Parliament within 
one month from the date of its issue (Reduced from 2 by the 44
th
 Amendment). If 
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 one month without approving 
the proclamation, then the proclamation survives until 30 days from the first sitting of the 
Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the Houses of Parliament, the emergency continues for six months, and 
xtended to an indefinite period with an approval of the Parliament for every six 
endment Act.  
dissolution of the Lok Sabha takes place during the period of six months
approving the further continuance of Emergency, then the proclamation survives until 30 
days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha 
approved its continuation. 
Every resolution approving the proclamation of emergency or its continuance must be passed
by either House of Parliament by a special majority that is, (a) a majority of the total 
membership of that house, and (b) a majority of not less than two-thirds of the members of 
and voting. This special majority provision was introduced by the 44
Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of 
A proclamation of emergency may be revoked by the President at any time by a subsequent 
proclamation. Such a proclamation does not require the parliamentary approval. 
Amendment added, the President must revoke a proclamation if the Lok 
a resolution disapproving its continuation. It requires that one-tenth of
number of members of the Lok Sabha give a written notice to the Speaker (or to the president 
if the House is not in session), a special sitting of the House should be held within 14 days for 
resolution disapproving the continuation of the proclamation.
merely on the 
Emergency immune 
subsequently deleted by the 44th 
, (1980), the Supreme Court held 
a national emergency can be challenged in a court on the ground of 
or that the declaration was based on wholly extraneous and irrelevant facts or is 
Parliament within 
Amendment). If the 
emergency is issued at a time when the Lok Sabha has been dissolved or the 
without approving 
days from the first sitting of the 
the Rajya Sabha has in the meantime approved it. 
six months, and 
Parliament for every six 
dissolution of the Lok Sabha takes place during the period of six months without 
ion survives until 30 
after its reconstitution, provided the Rajya Sabha 
continuance must be passed 
is, (a) a majority of the total 
thirds of the members of 
ced by the 44
th
 
simple majority of 
by a subsequent 
 
, the President must revoke a proclamation if the Lok 
tenth of the total 
Speaker (or to the president 
the House should be held within 14 days for 
n disapproving the continuation of the proclamation. 
 
 
The resolution for revocation is required to be passe
Promulgation one needs to be passed by the both Houses of Parliament.
revocation needs to be adopted by a simple majority only
Impact of National Emergency: 
During a national emergency, the executive power of the Centre
regarding the manner in which its executive
Rahul Sagar remarks how following 
Parliament is allowed to legislate
legislature is not suspended, it becomes subject to the overriding power of the Parliament.
The laws made by Parliament on the state subjects during a National
inoperative six months after the emergency has ceased to
proclamation of national emergency is in operation, the
state subjects also, if the Parliament is
Parliament can confer powers and impose duties upon the
authorities in respect of matters outside the Union
it under its extended jurisdiction 
42nd Amendment Act of 1976 provided that the two consequences
(executive and legislative) extends not onl
but also to any other state. 
While a proclamation of national emergency is in operation, the
constitutional distribution of revenues between the
before both the Houses). 
While a proclamation of National Emergency 
be extended beyond its normal term (five years) by a law of
(for any length of time). However, this
months after the emergency has ceased to operate.
legislative assembly as well.  
According to Article 358, when a proclamation of national emergency is made, the six
Fundamental Rights under Article 19 are automatically suspended. No
suspension is required. The 44th Amendment Act of 1978 restricted the scope of
in two ways.  
Firstly, the six Fundamental Rights under Article 19 can be
National Emergency is declared on the ground of
ground of armed rebellion. 
 
is required to be passed by the Lok Sabha only, while the
one needs to be passed by the both Houses of Parliament. Furthermore
to be adopted by a simple majority only.  
 
During a national emergency, the executive power of the Centre extends to directing any state 
regarding the manner in which its executive power is to be exercised. 
Rahul Sagar remarks how following such a proclamation, the Union is allowed to direct, and 
Parliament is allowed to legislate for, any State. Although the legislative power of a state 
becomes subject to the overriding power of the Parliament.
The laws made by Parliament on the state subjects during a National Emergency become 
inoperative six months after the emergency has ceased to operate. Further,
proclamation of national emergency is in operation, the President can issue ordinances on the 
state subjects also, if the Parliament is not in session.  
Parliament can confer powers and impose duties upon the Centre or its officers and 
authorities in respect of matters outside the Union List, in order to carry out the laws made by 
 as a result of the proclamation of a National Emergency.
42nd Amendment Act of 1976 provided that the two consequences mentioned above 
(executive and legislative) extends not only to a state where the Emergency is in operation 
tion of national emergency is in operation, the President can modify the 
constitutional distribution of revenues between the centre and the states (to be laid down 
proclamation of National Emergency is in operation, the life of the Lok
be extended beyond its normal term (five years) by a law of Parliament for one year at a time 
(for any length of time). However, this extension cannot continue beyond a period of six 
has ceased to operate. The Parliament may do the same for 
358, when a proclamation of national emergency is made, the six
Fundamental Rights under Article 19 are automatically suspended. No separate order for their 
The 44th Amendment Act of 1978 restricted the scope of
Firstly, the six Fundamental Rights under Article 19 can be suspended only when the 
National Emergency is declared on the ground of war or external aggression and not on the 
d by the Lok Sabha only, while the 
Furthermore, the 
extends to directing any state 
such a proclamation, the Union is allowed to direct, and 
the legislative power of a state 
becomes subject to the overriding power of the Parliament. 
Emergency become 
Further, while a 
President can issue ordinances on the 
Centre or its officers and 
in order to carry out the laws made by 
as a result of the proclamation of a National Emergency. The 
mentioned above 
the Emergency is in operation 
President can modify the 
(to be laid down 
is in operation, the life of the Lok Sabha may 
Parliament for one year at a time 
extension cannot continue beyond a period of six 
The Parliament may do the same for 
358, when a proclamation of national emergency is made, the six 
separate order for their 
The 44th Amendment Act of 1978 restricted the scope of Article 358 
suspended only when the 
war or external aggression and not on the 
Page 4


 
 
Emergency Provisions in the Indian Constitution:
Emergency provisions are contained in Part XVIII of the
360. These provisions enable the
effectively. The emergency provisions were seen 
Germany. According to BR Ambedkar, 
well as federal according to the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so
work as though it was a unitary system.
The Indian Constitution has provisions for three types of emergencies:
Name 
National Emergency 
(Proclamation of External/ 
Internal Emergency) 
Constitutional/ State 
Emergency (President’s 
Rule) 
Financial Emergency 
 
National Emergency:  
Under Article 352, the President can declare a national emergency when the
or a part of it is threatened by war or external aggression or
Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire
of it. The 42nd Amendment Act of 1976 enabled the
National Emergency to a specified part of
The President can also issue different proclamations on grounds of war,
armed rebellion, or imminent danger thereof, whether or
issued by him and such proclamation is in
Amendment Act of 1975. 
The 44
th
 Amendment Act further provided that 
emergency only after receiving a written 
 
Emergency Provisions in the Indian Constitution: 
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 
emergency provisions were seen as inspired from the Weimar Constitution of 
Germany. According to BR Ambedkar, “...the Constitution of India can be both unitary 
the requirements of time and circumstances. In normal times, it is
framed to work as a federal system. But in times of Emergency, it is so designed as to make it 
though it was a unitary system.” 
The Indian Constitution has provisions for three types of emergencies: 
Article Concerned Main Cause/Reason
Article 352 
An emergency due to war, external 
aggression or armed rebellion
Article 356 
An Emergency due to the failure 
of the constitutional machinery in 
the states 
Article 360 
An due to a threat to the financial 
stability or credit of
Under Article 352, the President can declare a national emergency when the security of India 
or a part of it is threatened by war or external aggression or armed rebellion.
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
A proclamation of national emergency may be applicable to the entire country or only a part 
of it. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a 
National Emergency to a specified part of India. 
President can also issue different proclamations on grounds of war, external aggression, 
rebellion, or imminent danger thereof, whether or not there is a proclamation already 
issued by him and such proclamation is in operation. This provision was added by the 38th 
Amendment Act further provided that the President can proclaim a national 
receiving a written recommendation from the cabinet. This means that 
Constitution, from Articles 352 to 
Central government to meet any abnormal situation 
as inspired from the Weimar Constitution of 
Constitution of India can be both unitary as 
the requirements of time and circumstances. In normal times, it is 
designed as to make it 
Main Cause/Reason 
An emergency due to war, external 
aggression or armed rebellion 
An Emergency due to the failure 
constitutional machinery in 
due to a threat to the financial 
stability or credit of India 
security of India 
armed rebellion. The 44th 
1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. 
or only a part 
resident to limit the operation of a 
external aggression, 
not there is a proclamation already 
operation. This provision was added by the 38th 
can proclaim a national 
. This means that 
 
 
the emergency can be declared only on the concurrence of the cabinet and not
advice of the Prime Minister. 
The 38th Amendment Act of 1975 made the declaration of a National
from the judicial review. But, this provision was
Amendment Act of 1978. Further, in the
that the proclamation of a national emergency can be challenged in a court on the ground of 
malafide or that the declaration was based on wholly extraneous and irrelevant facts or
absurd or perverse. 
Proclamation of Emergency: 
The proclamation of Emergency must be approved by both the Houses of
one month from the date of its issue
proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the
dissolution of the Lok Sabha takes place durin
the proclamation, then the proclamation survives until 30
Lok Sabha after its reconstitution, provided
If approved by both the Houses of Parliament, the emergency continues for
can be extended to an indefinite period with an approval of
months as per the 44
th
 Amendment 
If the dissolution of the Lok Sabha takes place during the period of six months
approving the further continuance of Emergency, then the
days from the first sitting of the Lok Sabha
has in the mean-time approved its continuation.
Every resolution approving the proclamation of emergency or its
by either House of Parliament by a special
membership of that house, and (b)
that house present and voting. This special majority provision was introdu
Amendment Act of 1978. Previously, such resolution could be passed by a
the Parliament. 
Revocation of Emergency: 
A proclamation of emergency may be revoked by the President at any time
proclamation. Such a proclamation does not require the
Further the 44
th
 Amendment added
Sabha passes a resolution disapproving its continuation.
number of members of the Lok Sabha give a written notice to the
if the House is not in session), a special sitting of
the purpose of considering a resolutio
 
emergency can be declared only on the concurrence of the cabinet and not merely on the 
The 38th Amendment Act of 1975 made the declaration of a National Emergency immune 
from the judicial review. But, this provision was subsequently deleted by the 44th 
her, in the Minerva Mills case, (1980), the Supreme Court held 
a national emergency can be challenged in a court on the ground of 
or that the declaration was based on wholly extraneous and irrelevant facts or
The proclamation of Emergency must be approved by both the Houses of Parliament within 
one month from the date of its issue (Reduced from 2 by the 44
th
 Amendment). If 
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 one month without approving 
the proclamation, then the proclamation survives until 30 days from the first sitting of the 
Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the Houses of Parliament, the emergency continues for six months, and 
xtended to an indefinite period with an approval of the Parliament for every six 
endment Act.  
dissolution of the Lok Sabha takes place during the period of six months
approving the further continuance of Emergency, then the proclamation survives until 30 
days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha 
approved its continuation. 
Every resolution approving the proclamation of emergency or its continuance must be passed
by either House of Parliament by a special majority that is, (a) a majority of the total 
membership of that house, and (b) a majority of not less than two-thirds of the members of 
and voting. This special majority provision was introduced by the 44
Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of 
A proclamation of emergency may be revoked by the President at any time by a subsequent 
proclamation. Such a proclamation does not require the parliamentary approval. 
Amendment added, the President must revoke a proclamation if the Lok 
a resolution disapproving its continuation. It requires that one-tenth of
number of members of the Lok Sabha give a written notice to the Speaker (or to the president 
if the House is not in session), a special sitting of the House should be held within 14 days for 
resolution disapproving the continuation of the proclamation.
merely on the 
Emergency immune 
subsequently deleted by the 44th 
, (1980), the Supreme Court held 
a national emergency can be challenged in a court on the ground of 
or that the declaration was based on wholly extraneous and irrelevant facts or is 
Parliament within 
Amendment). If the 
emergency is issued at a time when the Lok Sabha has been dissolved or the 
without approving 
days from the first sitting of the 
the Rajya Sabha has in the meantime approved it. 
six months, and 
Parliament for every six 
dissolution of the Lok Sabha takes place during the period of six months without 
ion survives until 30 
after its reconstitution, provided the Rajya Sabha 
continuance must be passed 
is, (a) a majority of the total 
thirds of the members of 
ced by the 44
th
 
simple majority of 
by a subsequent 
 
, the President must revoke a proclamation if the Lok 
tenth of the total 
Speaker (or to the president 
the House should be held within 14 days for 
n disapproving the continuation of the proclamation. 
 
 
The resolution for revocation is required to be passe
Promulgation one needs to be passed by the both Houses of Parliament.
revocation needs to be adopted by a simple majority only
Impact of National Emergency: 
During a national emergency, the executive power of the Centre
regarding the manner in which its executive
Rahul Sagar remarks how following 
Parliament is allowed to legislate
legislature is not suspended, it becomes subject to the overriding power of the Parliament.
The laws made by Parliament on the state subjects during a National
inoperative six months after the emergency has ceased to
proclamation of national emergency is in operation, the
state subjects also, if the Parliament is
Parliament can confer powers and impose duties upon the
authorities in respect of matters outside the Union
it under its extended jurisdiction 
42nd Amendment Act of 1976 provided that the two consequences
(executive and legislative) extends not onl
but also to any other state. 
While a proclamation of national emergency is in operation, the
constitutional distribution of revenues between the
before both the Houses). 
While a proclamation of National Emergency 
be extended beyond its normal term (five years) by a law of
(for any length of time). However, this
months after the emergency has ceased to operate.
legislative assembly as well.  
According to Article 358, when a proclamation of national emergency is made, the six
Fundamental Rights under Article 19 are automatically suspended. No
suspension is required. The 44th Amendment Act of 1978 restricted the scope of
in two ways.  
Firstly, the six Fundamental Rights under Article 19 can be
National Emergency is declared on the ground of
ground of armed rebellion. 
 
is required to be passed by the Lok Sabha only, while the
one needs to be passed by the both Houses of Parliament. Furthermore
to be adopted by a simple majority only.  
 
During a national emergency, the executive power of the Centre extends to directing any state 
regarding the manner in which its executive power is to be exercised. 
Rahul Sagar remarks how following such a proclamation, the Union is allowed to direct, and 
Parliament is allowed to legislate for, any State. Although the legislative power of a state 
becomes subject to the overriding power of the Parliament.
The laws made by Parliament on the state subjects during a National Emergency become 
inoperative six months after the emergency has ceased to operate. Further,
proclamation of national emergency is in operation, the President can issue ordinances on the 
state subjects also, if the Parliament is not in session.  
Parliament can confer powers and impose duties upon the Centre or its officers and 
authorities in respect of matters outside the Union List, in order to carry out the laws made by 
 as a result of the proclamation of a National Emergency.
42nd Amendment Act of 1976 provided that the two consequences mentioned above 
(executive and legislative) extends not only to a state where the Emergency is in operation 
tion of national emergency is in operation, the President can modify the 
constitutional distribution of revenues between the centre and the states (to be laid down 
proclamation of National Emergency is in operation, the life of the Lok
be extended beyond its normal term (five years) by a law of Parliament for one year at a time 
(for any length of time). However, this extension cannot continue beyond a period of six 
has ceased to operate. The Parliament may do the same for 
358, when a proclamation of national emergency is made, the six
Fundamental Rights under Article 19 are automatically suspended. No separate order for their 
The 44th Amendment Act of 1978 restricted the scope of
Firstly, the six Fundamental Rights under Article 19 can be suspended only when the 
National Emergency is declared on the ground of war or external aggression and not on the 
d by the Lok Sabha only, while the 
Furthermore, the 
extends to directing any state 
such a proclamation, the Union is allowed to direct, and 
the legislative power of a state 
becomes subject to the overriding power of the Parliament. 
Emergency become 
Further, while a 
President can issue ordinances on the 
Centre or its officers and 
in order to carry out the laws made by 
as a result of the proclamation of a National Emergency. The 
mentioned above 
the Emergency is in operation 
President can modify the 
(to be laid down 
is in operation, the life of the Lok Sabha may 
Parliament for one year at a time 
extension cannot continue beyond a period of six 
The Parliament may do the same for 
358, when a proclamation of national emergency is made, the six 
separate order for their 
The 44th Amendment Act of 1978 restricted the scope of Article 358 
suspended only when the 
war or external aggression and not on the 
 
 
Secondly, only those laws which are related with the Emergency are
challenged and not other laws. Also, the executive
protected. Article 359 authorises the
enforcement of Fundamental Rights during a National Emergency.
The suspension of enforcement relates to only those
the Presidential Order. Further, the
emergency or for a shorter period as mentioned in the order, and th
extend to the whole or any part of the country. It should be laid before each
Parliament for approval. 
This type of Emergency has been proclaimed three times so far
The first proclamation of National Emergency was issued in October 1962
Chinese aggression in the NEFA
in December 1971 in the wake of attack by Pakistan. 
operation, a third proclamation of National Emergency was made in June
second and third proclamations were revoked in March 
 
ch are related with the Emergency are protected from being 
challenged and not other laws. Also, the executive action taken only under such a law is 
Article 359 authorises the President to suspend the right to move any court for the 
Fundamental Rights during a National Emergency. 
The suspension of enforcement relates to only those Fundamental Rights that are specified in 
the Presidential Order. Further, the suspension could be for the period during the operation of 
shorter period as mentioned in the order, and the suspension order may
extend to the whole or any part of the country. It should be laid before each
This type of Emergency has been proclaimed three times so far—in 1962, 1971 and 1975.
The first proclamation of National Emergency was issued in October 1962 on account of 
Chinese aggression in the NEFA. The second proclamation of national emergency was made 
1971 in the wake of attack by Pakistan.  Even when this Emergency was in
operation, a third proclamation of National Emergency was made in June 1975. Both the 
second and third proclamations were revoked in March 1977.  
protected from being 
action taken only under such a law is 
resident to suspend the right to move any court for the 
Fundamental Rights that are specified in 
suspension could be for the period during the operation of 
e suspension order may 
extend to the whole or any part of the country. It should be laid before each House of 
1971 and 1975. 
on account of 
n of national emergency was made 
Even when this Emergency was in 
1975. Both the