Indian Polity · Topic 14 of 25
National, state and financial emergency provisions and their effects
The Basics
A National Emergency is a proclamation under Article 352 that the President issues when the security of India or any part of it is threatened by war, external aggression, or armed rebellion. The President can act even before the threat actually occurs, if satisfied that imminent danger exists.
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The 1975 Emergency was the only time India proclaimed a National Emergency for internal disturbance, not war. It shows the risk of misusing the wide emergency powers in Article 352.
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A National Emergency changes the shape of the Constitution itself. It turns the system from federal to unitary. It also narrows the Fundamental Rights available to citizens.
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President's Rule, also called State Emergency or Constitutional Emergency, is the Centre taking over a state's government under Article 356 when the state's constitutional machinery has broken down. Article 355 first places a duty on the Centre to protect every state against external aggression and internal disturbance, and to ensure every state's government runs according to the Constitution. It is in discharging this duty that the Centre invokes Article 356.
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When President's Rule is imposed in a state, the President takes over the functions of the state government. The Governor administers the state on behalf of the President, usually with the help of advisers or officials. The state Legislative Assembly is either suspended or dissolved. Parliament takes over the power to make laws for the state during this period.
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National Emergency and President's Rule are both emergency provisions, but they differ in trigger, scope, duration and effect. Comparing them point by point clears up confusion that UPSC often exploits.
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Financial Emergency is the third and rarest type of emergency under the Constitution, proclaimed when the financial stability or credit of India, or any part of it, is threatened.
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