Emergency Provisions in Indian Constitution

1. Who can approve emergency?

Parliament must approve within a period of one month. Once approved it will continue for six months. It can be extended indefinitely for every six months by approval from Parliament.

2. Who can suspend operations of fundamental rights during emergency?

President.

3. Which Articles cannot be suspended during emergency?

Article 20 and 21 cannot be suspended in any case. Article 19 can only be suspended during external emergency and not in case of internal emergency. Other fundamental rights may be suspended.

4. During emergency by how much more time can Parliament extend Lok Sabha beyond its usual five year term?

One year at a time.

5. When Parliament confer President to make laws for the state?

During emergency.

6. What do you know about proclamation of President’s rule?

Proclamation of president’s rule should be approved by Parliament within two months. If approved it remains in force for six months from the date of proclamation of state emergency. It can be extended to maximum period of three years with the approval of Parliament every six months.

7. What do you know about financial emergency?

President can claim financial emergency if he is dissatisfied with financial stability of any part of country. Such proclamation must be approved by Parliament within two months. During financial emergency President can ask to reduce salaries of any public servant. Once approved it remains in force until revoked by President. No emergency under Article 360 has been issued so far.

8. What are the different types of emergencies?

Different types of emergencies are:

- National emergency: Due to war, external aggression, armed rebellion within country (Article 352)

- Constitutional emergency: Failure of constitutional machinery in States, also known as President’s rule (Article 356)

- Financial emergency: Threat to financial stability or credit of India (Article 360)

9. What are the different emergency situations faced till now?

They are:

- First emergency in 1962 due to Chinese aggression

- Second emergency in 1971 due to Indo Pakistan war

- Third in 1975 due to internal disturbances