Emergency
Indian Polity · आपातकाल
📋Quick Overview
The Indian Constitution provides for 3 types of Emergency under Part XVIII (Articles 352–360). These provisions give extraordinary powers to the Centre during crisis situations. National Emergency has been declared 3 times in India — 1962 (Chinese aggression), 1971 (Pakistan war), and 1975 (internal disturbance). The 1975 Emergency by Indira Gandhi is the most controversial and most asked in exams. The 44th Amendment (1978) brought major changes to prevent misuse of Emergency powers.
44th Amendment (1978) changed 'internal disturbance' to 'armed rebellion' in Art 352 — so Emergency CANNOT be declared on grounds of internal disturbance anymore
📖3 Types of Emergency — Comparison Table
| Feature | National Emergency (Art 352) | President's Rule (Art 356) | Financial Emergency (Art 360) |
|---|---|---|---|
| Grounds | War, External Aggression, Armed Rebellion | Failure of constitutional machinery in state | Threat to financial stability of India |
| Declared by | President (on Cabinet's written advice) | President (on Governor's report or otherwise) | President |
| Parliament approval | Within 1 month | Within 2 months | Within 2 months |
| Majority needed | Special Majority | Simple Majority | Simple Majority |
| Duration | 6 months at a time (unlimited extensions) | 6 months at a time (max 3 years) | Unlimited (till revoked) |
| Times declared | 3 times (1962, 1971, 1975) | 100+ times | NEVER declared |
| Effect on FR | Art 19 auto-suspended; others by President's order | No direct effect on FR | Salaries of judges can be reduced |
📖National Emergency — 3 Proclamations
| Emergency | Date | Reason | Revoked | President |
|---|---|---|---|---|
| 1st | 26 Oct 1962 | Chinese Aggression (External) | 10 Jan 1968 | Dr. S. Radhakrishnan |
| 2nd | 3 Dec 1971 | Pakistan War (External) | 21 Mar 1977 | V.V. Giri |
| 3rd | 25 Jun 1975 | Internal Disturbance | 21 Mar 1977 | Fakhruddin Ali Ahmed |
The 2nd and 3rd Emergency overlapped — both were revoked together on 21 March 1977
📝44th Amendment (1978) — Key Changes
- •'Internal disturbance' replaced with 'Armed Rebellion' in Art 352
- •President can declare Emergency only on WRITTEN advice of Cabinet (not just PM)
- •Art 20 and Art 21 (Right to Life) CANNOT be suspended even during Emergency
- •Parliament approval time reduced from 2 months to 1 month for National Emergency
- •Special Majority required (instead of Simple) for approving National Emergency
- •Art 352 can be applied to part of India (not necessarily whole country)
- •Lok Sabha can pass resolution to revoke Emergency by Simple Majority
📝Effects on Fundamental Rights
- •During National Emergency: Art 19 (6 freedoms) automatically suspended
- •Art 19 suspended ONLY in case of war/external aggression, NOT armed rebellion (44th Amd)
- •Art 20 (Protection from conviction) and Art 21 (Right to Life) can NEVER be suspended
- •Other Fundamental Rights can be suspended by separate Presidential Order under Art 359
- •Right to move court under Art 32 can be suspended during Emergency (but not Art 226)
📖Art 352 vs Art 356 vs Art 360 — Quick Comparison
📝"First / Only" — Quick Facts
- •FIRST National Emergency → 26 Oct 1962 (Chinese Aggression)
- •ONLY Emergency on 'internal disturbance' → 1975 (by Indira Gandhi)
- •Financial Emergency has NEVER been declared in India
- •FIRST state to have President's Rule → Punjab (1951)
- •President who signed 1975 Emergency → Fakhruddin Ali Ahmed
- •Art 356 used MOST in Indira Gandhi's era