Context:
June 25, 2025, marked the 50th anniversary of the Emergency declared by then Prime Minister Indira Gandhi in 1975 — a controversial 21-month period during which civil liberties were curtailed, opposition leaders jailed, and press freedom suspended. On this day, the Union Government led by Prime Minister Narendra Modi observed what it termed “Samvidhan Hatya Divas” (Constitution Murder Day).
Emergency Provisions in the Indian Constitution
The Indian Constitution provides for extraordinary powers during crises to protect national security, constitutional governance, and financial stability.
Constitutional Framework:
- Articles Involved: Articles 352 to 360 under Part XVIII.
- Purpose: Ensure the sovereignty, unity, integrity, and security of India; safeguard the democratic order and financial stability.
Types of Emergencies
National Emergency (Articles 352–354, 358–359)
- Grounds: War, external aggression, or armed rebellion (formerly internal disturbance).
- Declared by: The President under Article 352.
- Approval: Must be ratified by both Houses of Parliament within 1 month.
- Duration: Initially 6 months, can be extended every 6 months indefinitely with special majority approval.
- Revocation: Can be done by the President or by a simple majority resolution in Lok Sabha.
Effects:
- Centre-State Relations:
- Executive: Centre can give directions to states.
- Legislative: Parliament can legislate on state subjects.
- Financial: President may alter fund distribution to states.
- Life of Legislatures:
- Lok Sabha/State Assemblies can be extended 1 year at a time, up to 6 months post-emergency.
- Fundamental Rights:
- Article 19 rights suspended (Art. 358).
- Other rights suspended in enforcement only (Art. 359).
President’s Rule / State Emergency (Articles 355–357)
- Grounds:
- Failure of constitutional machinery (Art. 356).
- State non-compliance with Union directives (Art. 365).
- Approval: Within 2 months by both Houses; simple majority.
- Consequences:
- Governor administers the state on behalf of the President.
- State legislature’s powers are exercised by Parliament.
Financial Emergency (Article 360)
- Grounds: Threat to India’s financial stability or credit.
- Declared by: President.
- Approval: Parliament must approve within 2 months.
- Duration: Indefinite until revoked; no repeated approval required.
- Consequences:
- Centre gains control over state finances.
- Can direct reduction in salaries of government and judicial officers.
- Money bills require Presidential assent, even post-state legislature passage.
