Emergency Provisions: Articles 352, 356, 360 — Complete Notes

Emergency provisions (Part XVIII, Articles 352–360) are among the most important topics for Kerala PSC. They grant extraordinary powers to the Union government during crises. India has experienced all three types of emergencies.

Three Types of Emergency — Overview

Type	Article	Ground	Proclaimed by	Parliamentary Approval
National Emergency	352	War, external aggression, armed rebellion	President (on Cabinet’s written advice)	Within 1 month (special majority)
State Emergency (President’s Rule)	356	Failure of constitutional machinery in state	President (on Governor’s report or otherwise)	Within 2 months (simple majority)
Financial Emergency	360	Threat to financial stability/credit of India	President	Within 2 months (simple majority)

1. National Emergency (Article 352)

Key Provisions

Feature	Detail
Grounds	War, external aggression, or armed rebellion
Original wording	”Internal disturbance” (changed to “armed rebellion” by 44th Amendment)
Who proclaims	President of India
Cabinet recommendation	Must be in writing (44th Amendment requirement)
Scope	Can be declared for whole India or part of India (44th Amendment)
Parliamentary approval	Within 1 month by special majority (2/3 of members present and voting + majority of total membership)
Duration after approval	6 months at a time; unlimited extensions possible with fresh approval every 6 months
Revocation	President can revoke anytime; Lok Sabha can pass resolution by simple majority (44th Amendment)

Effects of National Emergency

Effect	Detail
Federal provisions	Union gets power over State List subjects
Fundamental Rights	Article 19 automatically suspended (if declared on ground of war/external aggression)
Other rights	President can suspend right to move court under Art. 32 (except Art. 20 and 21 — 44th Amendment)
Financial	President can modify Centre-State revenue distribution
Lok Sabha term	Can be extended by 1 year at a time (no limit during emergency)
State Legislatures	Not dissolved automatically

History of National Emergency Proclamations

No.	Date	Ground	PM	Duration
1st	October 26, 1962	Chinese aggression (external aggression)	Jawaharlal Nehru	Till January 10, 1968
2nd	December 3, 1971	Pakistan war (external aggression)	Indira Gandhi	Till March 21, 1977
3rd	June 25, 1975	Internal disturbance	Indira Gandhi	Till March 21, 1977

Important Notes:

• The 2nd and 3rd emergencies overlapped (both were in force simultaneously from June 1975 to March 1977)
• The 3rd emergency (1975) is the controversial “Internal Emergency” that led to the 44th Amendment reforms
• No National Emergency has been declared since 1975

44th Amendment Safeguards (1978)

The 44th Amendment was enacted to prevent misuse after the 1975 Emergency:

Safeguard	Before 44th Amendment	After 44th Amendment
Ground for internal emergency	”Internal disturbance"	"Armed rebellion”
Cabinet advice	Could be oral	Must be in writing
Parliamentary approval time	2 months	1 month
Scope	Whole of India only	Whole or part of India
Revocation by Lok Sabha	Not possible	Possible by simple majority (1/10 members can requisition)
Article 20 and 21	Could be suspended	CANNOT be suspended even during emergency
Article 19	Suspended on any ground	Suspended only for war/external aggression (not armed rebellion)
Judicial review	Limited	President’s satisfaction is subject to judicial review

2. State Emergency / President’s Rule (Article 356)

Key Provisions

Feature	Detail
Ground	Constitutional machinery failure in a state
Who proclaims	President (usually on Governor’s report)
Parliamentary approval	Within 2 months by simple majority
Maximum duration	3 years (6 months initially + extensions of 6 months each)
Beyond 1 year	Requires: (a) National Emergency in force in whole/part of state, OR (b) Election Commission certifies elections cannot be held
Effect on State Legislature	Dissolved or kept in suspended animation
State executive	Governor administers on behalf of President
Legislative power	Parliament makes laws for the state

Effects of President’s Rule

Area	Effect
Executive	State Council of Ministers dismissed; Governor acts on behalf of President
Legislature	State Assembly dissolved or suspended; Parliament legislates for state
Judiciary	High Court powers NOT affected
Fundamental Rights	NOT affected (unlike National Emergency)

Important Supreme Court Cases on Article 356

Case	Year	Significance
S.R. Bommai v. Union of India	1994	Landmark — SC held: (1) President’s Rule is subject to judicial review; (2) State Assembly should be kept in suspended animation until Parliament approves; (3) Secularism is basic structure; (4) Floor test is the proper way to test majority
Rameshwar Prasad v. Union of India	2006	Bihar dissolution case — SC struck down dissolution of Bihar Assembly
State of Rajasthan v. Union of India	1977	SC held that President’s satisfaction under Art. 356 is not immune from judicial review

Statistics on President’s Rule

• President’s Rule has been imposed more than 100 times since 1950
• Most imposed in: Uttar Pradesh, Punjab, Manipur, Kerala
• Kerala: First imposed in 1959 (dismissal of E.M.S. Namboodiripad’s Communist government)
• The longest single spell: Punjab (1987–1992, about 5 years)

3. Financial Emergency (Article 360)

Key Provisions

Feature	Detail
Ground	Threat to financial stability or credit of India or any part thereof
Who proclaims	President
Parliamentary approval	Within 2 months by simple majority
Duration	Remains in force indefinitely until revoked (no periodic approval needed)
Revocation	By President at any time; no provision for Lok Sabha to revoke

Effects of Financial Emergency

Effect	Detail
Union can direct states	On financial matters
Salary reduction	President can order reduction of salaries of all government servants (including judges of SC and HC)
Money Bills	All State Money Bills must be reserved for Presidential consideration
Financial propriety	Union can issue directions to states for financial discipline

Important Fact

Financial Emergency has NEVER been proclaimed in India’s history. This is a very frequently tested fact.

Comparison of Three Emergencies

Feature	National (352)	State (356)	Financial (360)
Ground	War/aggression/armed rebellion	Constitutional failure in state	Threat to financial stability
Approval time	1 month	2 months	2 months
Majority required	Special majority	Simple majority	Simple majority
Max duration	Unlimited (6-month renewals)	3 years	Indefinite
Periodic renewal	Every 6 months	Every 6 months	Not required
Lok Sabha can revoke	Yes (44th Amendment)	No specific provision	No
Effect on Fundamental Rights	Art. 19 suspended; others can be (except 20, 21)	No effect	No direct suspension
Times proclaimed	3	100+ times	Never

Articles Related to Emergency — Quick Reference

Article	Subject
352	National Emergency proclamation
353	Effects of National Emergency
354	Financial provisions during National Emergency
355	Duty of Union to protect states
356	President’s Rule in states
357	Exercise of legislative powers under Art. 356
358	Suspension of Art. 19 during National Emergency
359	Suspension of enforcement of Part III rights
360	Financial Emergency

Frequently Asked PSC Questions

Q: How many times has National Emergency been declared? A: 3 times (1962, 1971, 1975)

Q: Financial Emergency has been declared how many times? A: Never

Q: Which amendment changed “internal disturbance” to “armed rebellion”? A: 44th Amendment (1978)

Q: Maximum duration of President’s Rule? A: 3 years

Q: Which case is landmark for Article 356? A: S.R. Bommai v. Union of India (1994)

Q: During National Emergency, which Articles cannot be suspended? A: Article 20 (protection against double jeopardy and self-incrimination) and Article 21 (right to life and personal liberty)

Q: Who approves the proclamation of emergency? A: Parliament (both Houses)

Q: First state to have President’s Rule in India? A: Punjab (1951) — but for Kerala, it was 1959

Exam Tips

• “Never proclaimed” — always Financial Emergency (Art. 360)
• 44th Amendment is the most tested amendment in this topic — know all its changes
• S.R. Bommai case — most important case for Art. 356
• Remember: Art. 20 and 21 can NEVER be suspended — this is absolute
• Special majority for Art. 352, simple majority for Art. 356 and 360 — common MCQ trap
• The 1975 Emergency was on grounds of “internal disturbance” (old wording), which is why 44th Amendment changed it