On the 46th anniversary of the imposition of Emergency, Prime Minister Narendra Modi  said those “dark days” can never be forgotten and called for taking a pledge to strengthen India's democratic spirit and live up to the values enshrined in the Constitution.

The Emergency was imposed by then PM Indira Gandhi on June 25, 1975  till March 21, 1977, when curbs were imposed on the fundamental rights of people.

Indira Gandhi lifted Emergency in 1977 and called for Lok Sabha elections.

What is an Emergency?

• During an Emergency, the Union government becomes all powerful and the federal structure gets converted into a unitary one without a formal amendment of the Constitution. 

• This kind of transformation of the political system from ‘federal during normal times’ to ‘unitary during emergency’ is a unique feature of the Indian Constitution.

In doing so, the Constitution of India has envisaged three kinds of emergencies:

1. National Emergency - An emergency due to war, external aggression or armed rebellion.

2. State Emergency - An emergency due to the failure of the constitutional machinery in the states.

3. Financial Emergency - An emergency due to a threat to the financial stability or credit of India.

Grounds for National Emergency

• Under Article 352, the President can declare a national emergency, when the security of India or a part of it is threatened by war, external aggression or armed rebellion.

• When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘external emergency’. On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘internal emergency’

• The 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer possible to declare a national emergency on the ground of ‘internal disturbance’.

• The term ‘internal disturbance’ was replaced because there was an opinion that this particular term had been misinterpreted, leading to political victimization of the states.

• It may be noted that the President can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.

• This provision has been provided for situations, wherein the executive may be able to pre-empt any imminent crisis.

• The President can also issue different proclamations on grounds of war, external aggression, armed 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 of 1975.

Declaration of emergency under Article 352

Emergency under Article 352 has been invoked thrice in India.

• First, in October 1962 at the time of Chinese aggression this emergency was proclaimed for the first time and continued till January 1968.

• For the second time, it was declared in December 1971, at the time of Indo-Pak war and it continued up to March 1977.

• For the third time, the President declared it in June 1975 on account of an internal political crisis that continued till March 1977.

• Post 1977, no such emergency has been pronounced and the 44th Amendment to the Constitution introduced its own safeguards with regard to the said provision.

Impacts of national emergency:

• The declaration of national emergency brings about a lot of change in the constitutional set up of the country. The immediate effect of such a declaration is that the federal structure of the country is folded to a unitary one for purposes of uniformity of administration.

• The President acquires certain extraordinary powers. He can issue directions or instructions to any state indicating the manner in which their executive power is to be exercised.

These effects can be classified in the following ways:

1. Effect on Centre-State Relations

2. Effect on life of legislature

3. Effect on the Fundamental Rights

Procedures and safeguards

Concurrence of the Cabinet - The President can proclaim a national emergency only after receiving a written recommendation from the Cabinet. This means that the emergency can be declared only on the concurrence of the Cabinet and not merely on the advice of the Prime Minister.

The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the Prime Minister alone taking a decision in this regard as happened during 1975.

Approval from the Parliament - The proclamation of national emergency must be approved (ratified) by both the Houses of the Parliament within one month from the date of its issue by a special majority.

Originally, the period allowed for approval by the Parliament was two months, but it was reduced by the 44th Amendment Act of 1978.

However, if the proclamation of 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 the Lok Sabha stands dissolved at the time of the declaration of emergency, then it must be approved by the reconstituted Lok Sabha within thirty days from its first sitting, provided the Rajya Sabha has approved it in the meantime.

Duration of Emergency - After approval by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.

This provision for periodical Parliamentary approval was also added by the 44th Amendment Act of 1978.

All such resolutions must be passed by a special majority, that is, majority of the total membership of that house and majority of not less than two-thirds of the members of that House present and voting (this special majority provision was also introduced by the 44th Constitution Amendment, 1978)

Revocation of National Emergency – Lok Sabha has the powers to initiate proceedings for the discontinuation of the emergency. Lok Sabha can issue a notice in writing, signed by not less than one-tenth of the total members, with the intention to move a resolution. This resolution should be addressed to the Speaker, if the house is in session or the President otherwise.

A special sitting of the house shall be held within 14 days from the date on which such notice is received for the purpose of considering such a resolution. The resolution has to be passed by a simple majority to cancel the emergency. It can additionally be re-invoked by the President on the advice of the Council of Ministers.

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