INDIAN POLITY (PART-13)

• Articles 352 to 360 of Part XVIII of the Constitution of India dealt with the provisions regarding the Emergency.
• National Emergency (Article 352): President of India may proclaim emergency during the period of war, external aggression or armed rebellion. As per the Constitution (Forty fourth) Amendment Act, 1978 the President shall act only on the written advice of the Union Cabinet consisting the Prime Minister and other ministers of Cabinet rank. The proclamation of emergency shall be approved by the Parliament with two-third of the majority of the members present and voting within a period of one month. Such proclamation approved by the Parliament shall be in force for a period of six months. After the expiration of six months it ceases to exist. The President can extend the proclamation for another period of six months with the approval of the Parliament. The national emergency is proclaimed three times i.e. during the period of Chinese Aggression in 1962; during the war period with Pakistan in 1965 and 1971; and in June, 1975 due to internal disturbances. The 44th amendment of the constitution substituted the words `internal disturbances` with `armed rebellion. During the period of emergency the federal provisions of the constitution cease to operate to that extent.
• Constitutional Emergency (Article 356): The Constitutional Emergency under Article 356 is called President`s Rule. The President on receipt of the report from the Governor satisfied that the administration in the State is not carried according to the provisions of the constitution, he may proclaim emergency under this Article. During the period of emergency the President may declare that the powers of the State Legislature shall be exercised by the Parliament and the President may exercise himself all or any of the functions of the State or may entrust to the Governor. The   proclamation of emergency under this Article shall be approved by the both houses of the Parliament within a period of two months. Such approved proclamation shall be in force for a period of six months. The President may extend this proclamation for another six months with the approval of the Parliament. But the proclamation under this Article shall not be remaining in force beyond a period of three years.
• Financial Emergency (Article 360): The emergency under Article 360 is proclaimed by the President if he satisfied the financial stability or credit of India or any part of the territory of India is threatened. The proclamation of emergency shall be approved by the Parliament within a period of two months. During the period of emergency the Union Government can direct any State to observe such canons of financial propriety. The directions of the Union include the reduction of salaries and allowances of administrative personnel, reduction of salaries and allowances of the Chief Justices and other Judges of Supreme Court and High Courts.