Syllabus

GS2: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Context:

India is commemorating 50 years of national emergency, the Indira Gandhi government on June 25, 1975, placed India under a state of Emergency under Article 352 of the Constitution.

More on the News

• This was the third Emergency in India’s history, earlier proclamations were during wars with China (1962) and Pakistan (1971).
• The then President Fakhruddin Ali Ahmed announced a nationwide state of emergency, citing “an imminent danger to the security of India being threatened by internal disturbances,” particularly after the war with Pakistan and the liberation of Bangladesh.
• The Shah Commission of Inquiry was set up in May 1977 to examine abuses of power during the Emergency of 1975. 
• The oppressive Maintenance of Internal Security Act was passed during the Emergency era. 
• There was large-scale suspension of fundamental rights for the citizenry, detention and arrest of Opposition leaders and critics, and press censorship. 

Emergency Provisions

•The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively. 

The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.

The Constitution stipulates three types of emergencies:

• National Emergency. 
• State Emergency or Constitutional Emergency.
• Financial Emergency.

Declaration of National Emergency: 

Under Article 352, the President can declare a national emergency if India’s security is threatened by war, external aggression, or armed rebellion, even before their actual occurrence, if an imminent threat exists.

The 38th Amendment Act of 1975 allows the President to issue multiple emergency proclamations for war, external aggression, or armed rebellion even if one is already in effect. 

• Through the 44th Constitutional Amendment Act of 1978, the original inclusion of the phrase “internal disturbance” as a reason for emergency was substituted by “armed rebellion”, due to its abuse during the Emergency of 1975.

When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. 

On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.

A proclamation of national emergency may be applicable to the entire country or only a part of it. 

The 42^nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.

In 1975, PM Indira Gandhi declared an emergency without consulting her cabinet, informing them only after it was declared. The 44th Amendment of 1978 later mandated cabinet approval to prevent such unilateral decisions.

The 38th Amendment Act of 1975 made the declaration of a National Emergency immune to judicial review. But this provision was subsequently deleted by the 44th Amendment Act of 1978.

Consequences of the National Emergency

Effect on the Centre-State relations:

• Executive: During a national emergency, the Centre can direct states on how to exercise their executive powers.
• Legislative: Parliament can legislate on State List subjects. State legislatures continue, but their powers are overridden, making the system effectively unitary. 
• Financial: During a national emergency, the President can alter Centre-State revenue distribution, including reducing or halting transfers. This lasts until the financial year ends after the emergency and must be placed before both Houses of Parliament.

Effect on the life of the Lok Sabha and the State assembly:

• During a national emergency, Parliament can extend the Lok Sabha's term by one year at a time, but not beyond six months after the emergency ends.
• During a national emergency, Parliament can extend a state assembly’s term by one year at a time, but not beyond six months after the emergency ends.

Effect on the Fundamental Rights: 

• Article 358: When a national emergency is declared, Fundamental Rights under Article 19 are automatically suspended without a separate order.
• Article 359: It authorises the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.