When crisis meets Constitution: India’s emergency framework

• Emergency provisions are borrowed from the Govt. Of India Act 1935
• Constitutional provisions: Part XVIII- Articles 352 to 360

• War
• External aggression
• Armed rebellion (added by 44th Amendment, 1978 replacing ‘internal disturbance’)

• President proclaims emergency on the written advice of the Cabinet (added by 44th Amendment).
• Must be approved by both Houses of Parliament within 1 month (originally 2 months; changed by 44th Amendment).
• Once approved, remains in force for 6 months, renewable indefinitely with Parliamentary approval every 6 months.

• Centre becomes empowered to legislate on any subject.
• Fundamental Rights under Article 19 get suspended (only during war or external aggression, not armed rebellion).
• Article 359: President can suspend the right to move court to enforce Fundamental Rights (except Articles 20 and 21 after 44th Amendment).
• Duration: Can last indefinitely if re-approved every 6 months.

• Failure of constitutional machinery in a state.
• Invoked when the Governor reports inability to carry on governance as per the Constitution.

• Proclaimed by President.
• Must be approved by both Houses of Parliament within 2 months.
• Duration: Valid for 6 months, can be extended up to 3 years with repeated approval.
• For extension beyond 1 year:
• National Emergency must be in operation, OR
• Election Commission certifies elections can’t be held.

• President governs the state through Governor.
• State legislative Assembly may be dissolved or suspended.
• Parliament legislates for the state.

• SR Bommai case (1994): Supreme Court ruled judicial review is allowed.
• Misuse curbed; cannot be used for political gains.

• Threat to financial stability or credit of India or any part.

• Proclaimed by President.
• Must be approved by Parliament within 2 months.
• No time limit on duration (remains until revoked).

• Direct States to observe financial propriety.
• Reduce salaries of government officials, including judges.
• Require Parliament’s approval for all money bills in states.

• 1962: Indo-China war (War)
• 1971: Indo-Pak war (External aggression)
• 1975-77: Declared by Indira Gandhi (Internal disturbance → controversial and most criticised)

The Emergency (1975-77) imposed by then Prime Minister Indira Gandhi is one of the darkest periods in Indian democracy. Several books have explored its political, legal, and social dimensions. Some key titles are:

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• First-hand account by a senior journalist working during the Emergency.
• Highlights media censorship, arrests of opposition leaders, and public fear.
• Personal insights from her experience at The Indian Express.
• Explores the impact on civil liberties and democratic institutions.

• •Focuses on the legal case (Raj Narain vs Indira Gandhi) that led to the declaration of Emergency.
• •Explains how the Allahabad High Court verdict disqualified Indira Gandhi.
• •A good source for understanding the intersection of judiciary and politics.

• •Veteran journalist’s narrative based on interviews, documents, and eyewitness accounts.
• •Critiques the concentration of power, arrests of dissenters, and misuse of constitutional provisions.
• •Useful for understanding media resistance and the role of opposition leaders.

• •A balanced insider’s account from a Congress leader.
• •Analyses political decisions of Indira Gandhi leading to the Emergency.
• •Helps understand government rationale and policy mindset at the time.

• •Written by a major opposition leader jailed during the Emergency.
• •Offers the BJP-RSS perspective on events and suppression of political freedoms.
• •Strongly critical of the authoritarian nature of the period.

• •A collection of official documents, letters, and press clippings.
• •Useful for objective evidence and research-based understanding.
• •Often used in academic and legal analyses.

• The book chronicles Narendra Modi’s role in the underground campaign during the Emergency period (1975-1977) in India
• It highlights Modi’s skills as a young RSS pracharak, who evaded detection, organised help for imprisoned activists’ families and distributed anti-Emergency literature.
• The book showcases how Modi’s experiences during the Emergency period shaped his leadership skills and prepared him for his future roles in politics.

UPSC-style questions

• 🔹 Short questions

1. What are the three types of emergencies under the Indian Constitution?
2. What changes did the 44th Constitutional Amendment make to the emergency provisions?
3. What are the safeguards introduced after the misuse of Emergency during 1975–77?🔹 Long answer questions
4. Compare and contrast the provisions and effects of National Emergency and President’s Rule.
5. Discuss the misuse of Article 356 in the Indian political system and how judicial review has evolved to address it.
6. Explain how the 44th Constitutional Amendment Act was a corrective to the 42nd Amendment in the context of Emergency.🔹 Analytical/essay-type questions
7. “Emergency provisions in the Indian Constitution are a necessary evil.” Discuss with reference to historical events and constitutional safeguards.
8. Examine the impact of the 1975 National Emergency on India’s democratic fabric and constitutional order.
9. Critically evaluate the balance between national security and individual liberty during emergency situations.