Emergency Provisions

Grounds: War, external aggression, or armed rebellion. 'Armed rebellion' replaced 'internal disturbance' by 44th Amendment, 1978 — to prevent misuse like the 1975 Emergency.

Proclamation: Written advice of Cabinet (not PM alone — 44th Amendment). Approved by Parliament by special majority within one month. Renewed every 6 months by special majority. NO maximum period — continues indefinitely while renewed.

Revocation: President can revoke on own. Lok Sabha alone can pass simple majority resolution to disapprove (Article 352(8)) — the ONLY instance where Lok Sabha can constitutionally act alone.

Effects during National Emergency:

• Parliament legislates on State List (Article 250)

• Revenue distribution modified (Article 354)

• Article 19 freedoms automatically suspended (Article 358) — for laws made DURING Emergency only (not pre-existing laws)

• Other FRs can be suspended by Presidential Order (Article 359) — BUT NOT Articles 20 and 21

• Fundamental duty to defend country becomes enforceable

Historical use: 1962 (Chinese aggression), 1965 (Indo-Pak war), 1971 (Bangladesh war), 1975–1977 (internal disturbance — the most controversial, last Emergency)

Article 358: Suspends Article 19 rights | AUTOMATICALLY | Only war/external aggression | Only for laws made during Emergency | Does not affect pre-existing laws

Article 359: Suspends other specified FRs | Requires Presidential Order | All types of National Emergency | Cannot suspend Articles 20 and 21 | Covers laws and executive action during Emergency

Grounds: Constitutional machinery of State has failed. Also: failure to comply with Union directions (Article 365).

Duration: 2 months (initial, pending Parliament approval) → 6 months (after approval) → renewed every 6 months → maximum 3 years. Extension beyond 1 year requires: (a) National Emergency in operation; OR (b) Election Commission certifies elections cannot be held.

Effects: President assumes State executive functions; Parliament legislates on State List; Governor becomes Centre's agent; Assembly is dissolved or kept in suspended animation.

S.R. Bommai v. Union of India (1994) — 9-judge bench — KEY PRINCIPLES:

1. Art. 356 proclamation is subject to judicial review

2. Until Parliament approves, Assembly is in 'suspended animation' — NOT dissolved

3. Secularism is a basic feature — anti-secular State government can be dismissed

4. Floor of the House is the SOLE test of majority — Governor cannot assess majority elsewhere

5. Courts can examine whether material before President was relevant and germane

Grounds: Financial stability or credit of India or any part is threatened.

Key features:

• Has NEVER been proclaimed in India's history

• No maximum period — continues until revoked by President

• President can direct reduction of salaries of ALL government servants including SC and HC judges (Article 360(4)(b)) — a unique constitutional provision

• Centre can give directions to States on financial matters during Financial Emergency