A
state of emergencyA state of emergency is a governmental declaration that may suspend certain normal functions of government, alert citizens to alter their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties...
in IndiaIndia, officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the west, and the Bay of Bengal...
refers to a period of governance under an altered
constitutionA constitution is a set of rules for government—often codified as a written document—that establishes principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the...
al setup that can be proclaimed by the
President of IndiaThe President of India or Rashtrapati is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. In theory, the President possesses considerable power...
, when he perceives grave threats to the nation from internal and external sources or from
financialFINANCIAL is the weekly English-language newspaper with offices in Tbilisi, Georgia and Kiev, Ukraine. Published by Intelligence Group LLC, FINANCIAL is focused on opinion leaders and top business decision-makers; It's about world’s largest companies, investing, careers, and small business. It is...
situations of crisis. Under the advice of the cabinet of ministers and using the powers vested in him largely by Part XVIII of the
Constitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens...
, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the
federationA federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
.
A
state of emergencyA state of emergency is a governmental declaration that may suspend certain normal functions of government, alert citizens to alter their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties...
in IndiaIndia, officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the west, and the Bay of Bengal...
refers to a period of governance under an altered
constitutionA constitution is a set of rules for government—often codified as a written document—that establishes principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the...
al setup that can be proclaimed by the
President of IndiaThe President of India or Rashtrapati is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. In theory, the President possesses considerable power...
, when he perceives grave threats to the nation from internal and external sources or from
financialFINANCIAL is the weekly English-language newspaper with offices in Tbilisi, Georgia and Kiev, Ukraine. Published by Intelligence Group LLC, FINANCIAL is focused on opinion leaders and top business decision-makers; It's about world’s largest companies, investing, careers, and small business. It is...
situations of crisis. Under the advice of the cabinet of ministers and using the powers vested in him largely by Part XVIII of the
Constitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens...
, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the
federationA federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
. In the history of independent India, there were three periods during which a state of emergency was deemed to have existed.
- Between 26 October, 1962 to 10 January, 1968 during the India-China
The Sino-Indian War , also known as the Sino-Indian Border Conflict , was a war between China and India that occurred in 1962. A disputed Himalayan border was the main pretext for war, but other issues played a role. There had been a series of violent border incidents after the 1959 Tibetan...
war — "the security of India" having been declared "threatened by external aggression".
- Between 3 December, 1971 to 1977 originally proclaimed during the Indo Pakistan war
The Indo-Pakistani War of 1971 was a military conflict between India and Pakistan. Indian and Bangladeshi sources consider the beginning of the war to be Operation Chengiz Khan, Pakistan's 3 December 1971 pre-emptive strike on 11 Indian airbases...
, and later extended along with the third proclamation — "the security of India" having been declared "threatened by external aggression".
- Between 26 June, 1975 to 21 March, 1977 under controversial circumstances of political instability under the Indira Gandhi
Indira Priyadarshini Gandhi Indira Priyadarshini Gandhi Indira Priyadarshini Gandhi ( Indirā Priyadarśinī Gāndhī; née: Nehru; (19 November 1917 – 31 October 1984) was the Prime Minister of the Republic of India for three consecutive terms from 1966 to 1977...
's prime ministershipThe Prime Minister of India is the head of government of the Republic of India, and head of the Council of Ministers, appointed by the President to assist the latter in the administration of the affairs of the executive in India...
— "the security of India" having been declared "threatened by internal disturbances".
The President can declare three types of emergencies:
- National emergency
- State emergency
- Financial emergency
National emergency under article 352
National emergency is caused by war, external aggression or armed rebellion in the whole of
IndiaIndia, officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the west, and the Bay of Bengal...
or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), and 1975 (declared by
Indira GandhiIndira Priyadarshini Gandhi Indira Priyadarshini Gandhi Indira Priyadarshini Gandhi ( Indirā Priyadarśinī Gāndhī; née: Nehru; (19 November 1917 – 31 October 1984) was the Prime Minister of the Republic of India for three consecutive terms from 1966 to 1977...
to maintain law and order in the country).
The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the
Prime MinisterThe Prime Minister of India is the head of government of the Republic of India, and head of the Council of Ministers, appointed by the President to assist the latter in the administration of the affairs of the executive in India...
. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.
In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended. It modifies the federal system of government to a unitary one.
The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the
Lok SabhaThe Lok Sabha is the directly elected lower house of the Parliament of India. As of 2009 there have been fifteen Lok Sabhas elected by the people of India...
can be extended by a period of one year but not more than six months from the date when the emergency has ceased to exist.
State emergency under article 356
State emergency is declared due to failure of constitutional machinery in a state. Almost all states have undergone this type of an emergency. This emergency is also known as President's rule.
If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can declare emergency in the state. Such an emergency must be approved by the Parliament within a period of two months.
It is imposed for six months and can last for a maximum period of three years with repeated parliamentary approval every six months. If the emergency need to be extended for more than three years, it can be done by a
constitutional amendmentThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens...
, as has happened in Punjab and
Jammu and KashmirJammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the Pakistani...
.
During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. the Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.In this situation ministers of state legislature are not allowed to perform action in state.
Financial emergency under article 360
If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he or she can declare financial emergency. Such an emergency must be approved by the Parliament within two months. It has never been declared. Such a situation had arisen but was avoided by selling off of the gold assets of India
It remains enforced till the President revokes it.
In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the
Supreme CourtThe Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal.Articles 124...
and
High CourtsIndia's judicial system is made up of the Supreme Court of India at the apex of the hierarchy for the entire country and 21 High Courts at the top of the hierarchy in each State. These courts have jurisdiction over a state, a union territory or a group of states and union territories...
. All money bills passed by the State legislatures are submitted to the President for his approval. He can direct the state to observe certain principles (economy measures) relating to financial matters.
The phrase
Emergency period used loosely, when referring to the political history of India, often refers to the third and the most controversial of the three occasions.