EMERGENCY IN INDIAN CONSTITUTION

Author: Manya Gupta, Bharati Vidyapeeth Institute of Management and Research

ABSTRACT

The Indian Constitution defines a Federal form of Government but, its evolution in performance over the years, as well as many of its provisions, has led to a threat to the authenticity of the functions of the Government.1This article deals with the types and uses of emergency as laid down by the Constitution of India. It also summarizes the history and evolution of emergency in the Indian Constitution.
The Indian Constitution’s Part XVIII Provides for a constitutional arrangement in which the President of India may declare a state of emergency if the consultant group determines that there are serious threats to the country coming from both internal and external sources, as well as from financial crises.

Key Words:

Emergency, Indian Constitution, President, State, Federal.
INTRODUCTION
An emergency is an unexpected event within a country’s borders that requires authorities to take immediate action. Human rights and civil rights, except Articles 20 and 21 of the Constitution of India, shall be deprived of the State or States in case of emergency. Most emergencies are caused by the collapse of the administrative structures.2
Dr. B.R. Ambedkar declared that India’s federal structure is special because of its ability to unify when the administrative machinery becomes dysfunctional. The central idea behind the legal regulation of emergencies was to protect the region from tyranny combined with internal turmoil, war, and external attacks.
The Indian Constitution is derived from various other constitutions around the world. It incorporates features from different parts of the world, making it the longest constitution in the world.
Emergency rules are special features of the Constitution of India that transform the federal government into a unitary government depending on the circumstances. The only reason such elements were included in the Constitution was to protect the other pillars of the Constitution. These other pillars constitute national integrity, sovereignty, unity, and security. All federal constitutions around the world except India are bound by federalism. This means that while the Indian Constitution can change its powers and framework to protect its citizens, the Indian Constitution cannot adapt its form to the prevailing conditions in the country.

HISTORY

It was a stormy and important period in the history of years. This division sparked horrific communal conflict, unprecedented in human history, with millions of people fleeing their flocks and homes. Divisive forces such as language, communalism, regionalism and casteism have created disharmony and disrupted peace and order in the country.
Violent communal conflicts between Hindus and Muslims triggered a communal frenzy in response to the Muslim League’s efforts to agitate Muslims. Such corrosive forces were a threat to the establishment and maintenance of democracy in this country. The federal constitution exhibits certain inherent weaknesses in times of crisis. The Kashmir issue arose with the loss of crown supremacy when a constitution was being formulated.3
Although Kashmir did not participate in any autonomous territory, the Indian government had to ensure that it would be protected from the constant threat of Pakistan conquering Kashmir by military force. Danger from Pakistan was imminent. There was reluctance among some of the 4,444 indigenous tribes to join the Indian Union. Irresponsible and dark forces were at work. Junagarh decided to join Pakistan and Hyderabad declared independence on the eve of independence.

This was a major challenge for the Indian government, as no civilized government could tolerate such separatist behavior by any political entity. The military operations in Junagarh and Hyderabad were necessary for geographical reasons. In, reactionary feudal elements such as the Great Zamindars also existed in the country. All of this serves as a justification for art.352.
The leaders had virtually no experience in the functioning of a democratic government, except for a short period under the Government of India Act, of 1935.
Diversity in language, religion, caste, and communal sentiments likely threatened the normal functioning of democratic government. The government follows the provisions of the Constitution. The first years of independence saw an increase in communist activity among the workers and peasants of Telangana’s communist uprising posed a potential threat to the country’s peace and democratic order. This led to the inclusion of a strict state of an emergency clause in the constitution.

After independence, a socialist government was established in India, and communist activities expanded among the workers and farmers of Telangana. Article 356 was introduced to provide security against extreme emergencies and protect the legislative process. Article 360 was later developed by Drs. Mr B.R. Ambedkar was added to the list along with foreign exchange reserves and branches to cushion the sharp decline in the country’s financial position.4

TYPES OF EMERGENCIES

National Emergency5

A national emergency occurs when a country is at war with another country or threatened by foreign invasion. A national emergency is described in Article 352 of the Indian Constitution. A national emergency was declared by the country’s first citizen, which is our president. He can declare a state of emergency before the country falls into a state of war or faces an external threat. A state of national emergency may also be called an “external emergency” in cases where it is declared on grounds of war.
A state of national emergency declared due to a threat from internal sources or based on “armed rebellion” is called an “internal emergency”. The declared state of emergency does not necessarily have to spread throughout the country, it may only apply in part of the country. The President may make such a declaration only upon the written opinion of the Cabinet.
Once declared, the state of emergency must be approved by both houses of Congress within a month, otherwise, it will expire. The state of emergency can be extended indefinitely with congressional approval every six months.

President’s Rule

A state of emergency may be declared if the President, after receiving the report of the Governor of the state, is satisfied that the state government cannot be exercised by the provisions of the Constitution. In such an emergency, the President may assume all or part of the functions of the state government and the Congress may legislate for the state. The declaration must be approved by both Houses of Parliament within two months and can be renewed for up to three years with Parliament’s approval every six months.6
Presidential rule may also be described as a “state emergency” or a “constitutional emergency. The grounds for presidential action are:7

Upon a report from the governor to the president declaring that the state government is incapable of functioning and performing its duties properly.
When a state fails to comply with, other than the center of, government directives.

Emergency Imposed by Indira Gandhi8

The imposition of the presidential rule is often the subject of controversy and controversy. One of the most notable instances of its adoption occurred during the Emergency period from 1975 to 1977 during the tenure of Prime Minister Indira Gandhi. This period was marked by unprecedented restrictions on civil liberties and democracy. The abuse of presidential rule during this period led to significant changes in its application after the Emergency.

Effects of President’s Rule:9

In the event the President declares a state of emergency, the Legislature assumes the powers of the state legislature.
The President has the power to dissolve the Council of State Ministers. • The President may also suspend or dissolve state legislatures.
Any law enacted by the President or Parliament during this period remains in force even after the end of the President’s term of office.
Fundamental rights are not affected during this period.

Financial Emergency

The president can declare a fiscal emergency if he encounters convincing evidence of economic instability and reliability.
Executive and legislative factors played a central role in declaring a financial emergency. According to Article 360, a corresponding declaration shall be denied for the duration of the emergency. A financial emergency has never been declared in India.10

Approval and duration of the fiscal emergency11

The fiscal emergency must be approved by both houses of Parliament. If the Lok Sabha has been dissolved when the Emergency Bill is promulgated, it should remain in force for 30 days and as soon as the Lok Sabha is restored for the first time, it should consider this Bill.
Meanwhile, the bill should have been passed by Rajya Sabha. There is no fixed period during which the financial emergency lasts, and no permission from any organization is required to continue.

CONCLUSION

For some reasons, the emergency system has been criticized:

The federal system was abandoned, and the central government gained all power. • Presidential power makes the president the supreme power, equivalent to that of a dictator.
The existence of fundamental rights no longer exists, and they lose their meaning.
The power of the State becomes ineffective.
The 44th Amendment rewrote the emergency provisions of the Indian Constitution to limit the unjust influence of the executive, as was the case in 1975. “Civil disturbances” was replaced with “insurrection” armed”. It was also clarified that direct communication between agencies must be made to declare a state of emergency. Additionally, residents will need to be reapproved every six months for emergency treatment.

The Emergency remains a controversial period in India’s history. This is a reminder of the potential dangers of absolute power and the importance of maintaining checks and balances in a democratic system. Although it was a period of political instability and repression, it also led to important constitutional and political changes in India. 12 The emergency provisions of the Indian Constitution are a double-edged sword. They are essential for national security and stability, but they also risk eroding democratic principles if not used carefully.

1(Tummala, 1996)

2(BYJU’S, 2023), https://byjus.com/free-ias-prep/emergency provisions/#:~:text=As%20evident%20from%20the%20word,or%20Nation%20during%20an%20emergency. (accessed on 12th December)
3(DAS, 1977), https://www.jstor.org/stable/41854792?read-now=1&seq=2#page_scan_tab_contents (accessed on 12th December)
4 Emergency Provisions in Indian Constitution History, https://www.studyiq.com/articles/emergency-provisions in-indian-constitution/ (accessed on 12th December)