INTRODUCTION
The Oxford English Dictionary defines a constitution as “a body of fundamental principles or established precedents according to which a state or organisation is governed”. The Collins dictionary says a constitution consists of “the fundamental principles on which a state is governed, especially when considered as embodying the rights of subjects”.[1]
A Constitution is a set of all the rules and laws that govern a country. India has the longest written Constitution in the world.[2] This Constitution was formed and implemented after years of deliberation and discussion. It lays down clauses and provisions to protect democracy and the sovereignty of India even in extreme situations. Hence, Articles 352, 356 and 360 contain the provisions of an emergency[3]. An emergency refers to a situation where the governing structure has collapsed, necessitating swift measures to tackle the issue in a prompt manner. Article 352 deals with the proclamation of a national emergency, Article 356 deals with the proclamation of a state emergency, and Article 360 deals with the proclamation of a financial emergency[4].
The Emergency Provisions within the Indian Constitution grant the government authority to manage extraordinary circumstances such as conflict, economic turmoil, or a failure of the Indian Constitutional machinery when the government cannot function according to the provisions of the Constitution.
The Constitution makers included the provision of an emergency in the Constitution because they were well aware of the fact that unforeseeable situations may occur in the future that may threaten the unity and sovereignty of the nation[5]. Hence, special powers were given to the government to handle such crises. India is a quasi-federal nation.[6]This means it maintains a balance between federal structure and unitary structure, so the power is neither concentrated in the center nor absolutely divided between states. But this feature of the Indian government dissolves during an emergency, and there is a temporary concentration of power in the center. This extraordinary power is provided to the center so that it can make decisions swiftly and control the situation.
TYPES OF EMERGENCIES
As aforementioned, there are three types of emergencies mentioned in the Constitution.
National Emergency: The term “Proclamation of Emergency” is used to denote a national emergency. As per the Constitution of India it is defined as “A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.”[7] It is a time when the President of India is satisfied that the sovereignty and security of the nation are threatened due to a situation like war, external aggression, or armed rebellion. The President proclaims a national emergency, but only on the written advice of the Cabinet of Ministers. The proclamation should then be approved by both the houses of Parliament within one month; otherwise, it will become ineffective. The emergency can also be declared when there is only the apprehension of war or external aggression. It is not essential for it to actually happen.
During this emergency, all the power is vested in the central government, and the orders passed by the central government are binding on every state. The Parliament also gets the power to enact laws on the matters mentioned in the State List. The funds allocated for every state also change during an emergency.[8]
State Emergency: State emergency is also known as the President’s rule because during this emergency, the particular state in which it is declared comes under the direct control of the President.[9] It is declared when the President, on receipt of a Governor’s report, is satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution. State emergency, as the name suggests, only affects a particular state, unlike a national emergency, which affects the whole nation.
A state emergency can be declared based on the Governor’s report, the President’s will, or when no party can obtain a clear majority in the legislative assembly. During a state emergency, the governor of the state is in charge of handling all the affairs of the state on behalf of the President. The legislative assembly of that state is dissolved, and the Parliament makes laws and formulates policies for that state. The central government even takes over the executive of that state. Hence, the autonomy of the state is ended for the duration of the emergency.[10]
Financial emergency: When the financial stability of the country is threatened, the President of India can declare a financial emergency according to Article 360[11] of the Constitution. This emergency is only concerned with the finances of the country. During this crisis, the government takes extreme measures such as reducing the salaries of government employees, including judges, and it also puts restraints on the funds allocated to the state governments.
There is no fixed time limit for imposing a financial emergency. It can remain as long as the financial conditions of the country improve. It only needs to get approved by both houses of Parliament every two months. In India, a financial emergency has never been imposed before, since the Constitution was adopted.[12]
CONCLUSION
Emergency provisions are an integral part of the Indian Constitution; such provisions are essential for a country like India, as it is an extremely diverse country, and people from all religions and cultures coexist here[13]. This makes our country more prone to internal conflicts and differences. We have also experienced such instances in the past. Hence, it was necessary to grant the center some exceptional powers to overcome such situations. But as quoted by John Dalberg-Acton, “Power tends to corrupt, and absolute power corrupts absolutely[14].” The unification of power into the central government has its own drawbacks, as was observed in 1975. During this time, the emergency provision was exploited by then Prime Minister Mrs. Indira Gandhi for political reasons rather than genuine reasons. The grounds given for the declaration of national emergency in 1975 were vague and irrelevant.[15].
Hence, it is necessary to maintain checks and balances when an emergency is being declared, so that these provisions that are meant for safeguarding our country from unexpected threats are not reduced to being just political tools. The emergency provisions should be exercised judiciously and with adherence to the rule of law.
Author(s) Name: Ashi Singh (KES Law College)
References:
[1] ‘WHAT IS A CONSTITUTION?’ (Constitutional Court) <https://www.concourt.org.za/index.php/constitution/what-is-a-constitution > accessed 10 October 2025
[2] ‘Lengthiest Written Constitution’ (Unacademy) <https://unacademy.com/content/bpsc/study-material/polity/lengthiest-written-constitution/ > accessed 15 September 2025
[3] Constitution of India 1950, arts 352, 356 and 360
[4] D D Basu, Introduction to the Constitution of India (24th edn, LexisNexis 2019)
[5] ‘Emergency’ (Drishti Judiciary, 27 November 2023) <https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/emergency > accessed 12 October 2025
[6] Ms. Deepika Gahatraj, ‘QUASI FEDERAL GOVERNMENT’ (Indian Institute of Legal Studies) <https://www.iilsindia.com/study-material/810726_1618671525.pdf> accessed 16 September 2025 <-can study material be cited like a blog?
[7] Constitution of India 1950, art 352
[8] Kavita Chandra, ‘Emergency in India: Explanation of Article 352 – 360 under the Constitution’ (iPleaders, 01 February 2020) <https://blog.ipleaders.in/emergency-india/> accessed 17 September 2025
[9] Constitution of India 1950, art 356
[10] Basu (n 4)
[11] Constitution of India 1950, art 360
[12] M P Jain, Indian Constitutional Law (8th edn, LexisNexis 2018) <-whether I have to also mention Justice Jasti Chelameswar (Editor), Justice Dama Seshadri Naidu (Editor), if yes then how?(1 author+2editors)
[13] Rahulkumar Saini, ‘Emergency provisions in India – a critical analysis‘ (iPleaders, 25 July 2021)
<https://blog.ipleaders.in/emergency-provisions-india-critical-analysis-2/ > accessed 12 October 2025
[14] John Emerich Edward Dalberg and Lord Acton, ‘Acton-Creighton Correspondence’ (Online Library of Liberty) <https://oll.libertyfund.org/titles/acton-acton-creighton-correspondence#a_3436335> accessed 30 October 2025
[15] Shams Firdaus, ‘Emergency Provisions under the Indian Constitution’ (2024) 2(16) White Black Legal International Law Journal <https://www.whiteblacklegal.co.in/details/emergency-provisions-under-the-indian-constitution-by—shams-firdaus > accessed 18 September 2025
