Between Order and Chaos: The Emergency Framework of India

Between Order and Chaos: The Emergency Framework of India. Indian Constitution gives exceptional powers to the center to handle affairs endangering the security, stability, and governance of the nation. These Emergency Provisions are comprised in Part XVIII of the Constitution under Articles 352 to 360. The rationale behind these provisions is to secure the integrity and sovereignty of the nation in case of crisis situations. Indian Constitution foresees three forms of emergencies:

1. National Emergency (Article 352)

A National Emergency can be declared by the President of India when the security of India or any part of its territory is endangered by:

• War
• External aggression
• Armed rebellion

Initially, the expression used was “internal disturbance”, but since the 44th Constitutional Amendment Act, 1978, it has been substituted with “armed rebellion” to avoid abuse.

Proclamation and Procedure:

The President can declare this emergency only on the written recommendation of the Union Cabinet, not only the Prime Minister. This is to make the decision collective in nature. Such a proclamation will have to be ratified by both Houses of Parliament within one month by a special majority (more than 50% of the total membership and two-thirds of those present and voting). Once ratified, it can be extended indefinitely, but has to be renewed every six months.

Impact of National Emergency:

India’s federal character turns into a unitary system. The Centre has power to legislate on any matter, including the ones in the State List.

• Article 19 Fundamental Rights get suspended automatically.
• Directive Principles of State Policy may be enforced by Parliament.
• The term of the Lok Sabha can be extended beyond five years by one year at a time during the emergency.

Examples:

National Emergency has been declared three times in Indian history:

1. 1962 (Indo-China War) – due to external aggression
2. 1971 (Indo-Pak War) – again due to external threat
3. 1975 – declared due to “internal disturbance” by Indira Gandhi’s government, widely criticized as politically motivated.

2. President’s Rule (Article 356)

Also referred to as State Emergency, it is enforced when a state government cannot act in terms of the provisions of the Constitution. It is imposed by the President on the basis of the report of the Governor or otherwise.

Grounds:

• Political unrest
• Collapse of law and order
• Collapse of the constitutional machinery

Procedure and Duration:

The President’s Rule needs to be ratified by Parliament within two months and extends for six months at a stretch. It cannot extend beyond three years, and extensions after a year need:

• A National Emergency to be in force, or
• The Election Commission to certify that elections are not held in the state.

Effects:

• The state legislature is suspended or dissolved.
• The executive authority of the state is exercised by the President through the Governor.
• The Parliament assumes legislative powers of the state legislature.

Usage:

It has been invoked more than 100 times in Indian history. The Supreme Court in the S.R. Bommai case (1994) laid down strict guidelines to prevent its misuse.

3. Financial Emergency (Article 360)

This is the least employed and most severe state of emergency, which can be proclaimed when the financial stability or credit of India or part thereof is imperiled.

Proclamation and Consequences:

• The salaries and allowances of government officials, including Supreme Court and High Court judges, may be cut.
• The President may instruct the states to practice financial propriety and hold all money bills pending his consideration.
• The Union may take more command of the finances of the states.

Duration:

It stays in effect after being declared until revoked. It need not be repeated like other emergencies.

Usage:

India has never faced a financial emergency till now.

Conclusion

The Emergency Provisions in the Constitution of India have an institutional mechanism to ensure constitutional rule even in situations of extreme crisis. However, these powers are indeed extraordinary and can pre-empt fundamental rights and democratic processes. The Constitution, therefore, puts procedural checks like Parliamentary approval, judicial review, and time limits to avoid abuse. The lesson of the 1975 Emergency has been a crucial one and has buttressed the necessity for caution and prudence in using such powers. Between Order and Chaos: The Emergency Framework of India

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