Sambhav-2024

• Begin with discussing the emergency provisions and their significance.
• Discuss the three types of emergency provisions mentioned in the constitution and the checks and balances available to prevent the misuse of emergency powers.
• Conclude by summarizin the key points.

Introduction

Emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360. These provisions enable the central government to deal with any abnormal situation effectively and ensure the security, stability and governance of the country. The concept of emergency was borrowed from the Weimar Constitution of Germany.

Body

There are three types of emergencies mentioned in the Constitution:

• Article 352: The President may declare a national emergency if India's security faces war, external aggression, or armed rebellion. Parliament approval is required within a month, and it can last up to six months, extendable.
  • In a national emergency, state powers shift to the center, and fundamental rights (except Articles 20 and 21) are suspended. The President can alter revenue distribution between the centre and the states.
• Article 356: The President can impose state emergency (President’s rule) if a state's constitutional machinery fails. Parliament approval within two months is needed, and it lasts up to six months, extendable for a maximum period of three years with the approval of Parliament every six months. The President assumes state powers, may delegate, suspend or dissolve the state assembly, and Parliament can legislate for the state.
• Article 360: The President can declare a financial emergency if India's financial stability or credit is at risk. Parliament approval within two months is required, and it can continue indefinitely, unless revoked. During a financial emergency, the President can reduce salaries, direct states on financial principles, and modify revenue distribution.

The Constitution imposes certain checks and balances to prevent the misuse of emergency powers and ensure that the emergency provisions are used sparingly and only in exceptional circumstances. Some of these checks and balances are:

• Parliamentary Approval:
  • One of the significant checks on emergency provisions is the requirement for parliamentary approval. In all three types of emergencies, the President's actions need the sanction of both Houses of Parliament.
  • This ensures that the executive does not misuse emergency powers arbitrarily, and the elected representatives of the people have a say in the continuation or withdrawal of emergency measures.
• Limited Duration:
  • Emergency provisions are not meant to be perpetual. They have a limited duration and must be reapproved periodically by Parliament. This prevents the government from indefinitely exercising emergency powers and reinforces the temporary nature of emergency measures.
• Judicial Review:
  • The Supreme Court plays a crucial role in checking the abuse of emergency powers. It can review the President's proclamation and actions taken during emergencies to ensure they conform to constitutional provisions.
  • The judiciary acts as a guardian of individual rights, preventing the erosion of fundamental rights even during emergencies.
• Federal Structure:
  • The federal structure of the Indian Constitution acts as a check on the misuse of emergency powers. The imposition of President's Rule in a state requires a report from the Governor, and the state government is given an opportunity to present its side.
  • This federal balance ensures that the Union government does not interfere arbitrarily in the affairs of the states.

Conclusion

India's Constitution has emergency provisions that include checks and balances, preventing their misuse. These measures safeguard democracy, uphold the rule of law, and protect individual rights during crises. They ensure the Union government remains accountable within constitutional and democratic frameworks.