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Emergency Provisions - Types and Effects for UPSC

Polity Upsc Notes • Dec 13, 2025 • 4 min read

What are Emergency Provisions? The Emergency provisions are contained in Part XVIII (Articles 352 to 360) of the Constitution. They enable the Central government to meet any abnormal situation effectively. During an emergency, the federal structure converts into a unitary one without a formal amendment of the Constitution.

Types of Emergencies

The Constitution stipulates three types of emergencies:

  • National Emergency (Article 352): Due to war, external aggression, or armed rebellion.
  • President's Rule (Article 356): State Emergency due to failure of constitutional machinery in states.
  • Financial Emergency (Article 360): Threat to financial stability or credit of India.

National Emergency (Article 352)

  • Grounds: War, External Aggression, Armed Rebellion (added by 44th Amendment replacing 'Internal Disturbance').
  • Proclamation: By President ONLY after receiving written recommendation from the Cabinet.
  • Approval: Must be approved by both Houses of Parliament within one month by a special majority.
  • Duration: continues for 6 months at a time. Indefinite extension possible.

Effects of National Emergency

  • Centre-State Relations: Centre becomes powerful; can give executive directions to state on 'any' matter.
  • Legislative: Parliament can make laws on State List subjects.
  • Fundamental Rights:
    • Article 19: Automatically suspended only if emergency is on grounds of War/External Aggression (not Armed Rebellion).
    • Article 20 & 21: CANNOT be suspended (safeguard by 44th Amendment).

President's Rule (Article 356)

  • Grounds: Failure of constitutional machinery in the state (Art 356) OR Failure to comply with Centre's directions (Art 365).
  • Approval: Within 2 months by simple majority.
  • Duration: Max 3 years.
  • Effect: President assumes functions of state govt; State assembly suspended or dissolved.

Financial Emergency (Article 360)

  • Grounds: Financial stability or credit of India is threatened.
  • Approval: Within 2 months.
  • Duration: Indefinite till revoked. No repeated parliamentary approval needed.
  • Effect: Reduction of salaries of all govt servants (including Judges); Reservation of money bills.
  • Note: Never declared so far in India.

Quick Facts for UPSC

  • Dr. Ambedkar: Called Article 356 a "Dead Letter" (hoped it would rarely be used).
  • SR Bommai Case (1994): SC put strict restrictions on arbitrary use of President's Rule; subjected it to Judicial Review.
  • 44th Amendment (1978): Introduced major safeguards to prevent misuse of Emergency power (reaction to 1975 Emergency).

UPSC Previous Year Questions (Selected)

Q1. Under which Article of the Constitution represents 'Armed Rebellion' as a ground for National Emergency? (Prelims)

A. Article 352
B. Article 356
C. Article 360
D. Article 368

Answer: A. Under Article 352. 'Armed Rebellion' replaced 'Internal Disturbance' by 44th Amendment.

Q2. How many times has Financial Emergency been declared in India so far? (Prelims)

A. Once
B. Twice
C. Thrice
D. Never

Answer: D. Never.

Practice MCQs

  1. Which amendment substituted the words "Armed Rebellion" for "Internal Disturbance"?
    A. 42nd Amendment
    B. 44th Amendment
    C. 38th Amendment
    D. 52nd Amendment
  2. The proclamation of National Emergency must be approved by Parliament within:
    A. One month
    B. Two months
    C. Six months
    D. Three months
  3. President's Rule can be extended for a maximum period of:
    A. 1 year
    B. 2 years
    C. 3 years
    D. Indefinite
  4. During National Emergency, purely state subjects legislated by Parliament remain in force for how long after emergency ceases?
    A. 3 months
    B. 6 months
    C. 1 year
    D. Indefinite
  5. Which rights cannot be suspended even during National Emergency?
    A. Article 19
    B. Article 32
    C. Article 20 and 21
    D. Article 14 and 15
View Answer Key

1. B | 2. A | 3. C | 4. B | 5. C

Frequently Asked Questions

What is the difference between Art 352 and 356?

Art 352 affects the whole country (or part) due to war/rebellion. Art 356 applies to a specific state due to constitutional failure.

Who can revoke the emergency?

The President can revoke it at any time. Also, if Lok Sabha passes a resolution disapproving it, it must be revoked.

Does the President have absolute power during emergency?

No, he acts on the aid and advice of the Council of Ministers.

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