The Indian Constitution provides
for three types of emergencies - national emergency, state emergency
(previously known as "internal emergency"), and financial emergency.
These emergency provisions are listed in Part XVIII of the Constitution, which
includes Articles 352, 356, and 360, respectively.
1. National Emergency: Article 352
of the Constitution provides for a national emergency in the event of a war,
external aggression or armed rebellion. In this situation, the President of
India has the power to declare a state of emergency throughout the country or
in any part of it. The President must first receive a written recommendation
from the Cabinet before issuing such a proclamation. During a national
emergency, the fundamental rights of citizens can be suspended.
2. State Emergency: Article 356 of
the Constitution provides for a state emergency or "President's rule"
in case of failure of the constitutional machinery in a state. This can happen
if a state government is unable to function in accordance with the Constitution
or if the state government is not able to maintain law and order. In such a
situation, the President can assume the functions of the state government and
appoint a governor to carry out the administration of the state. During a state
emergency, the legislative powers of the state are vested in the Parliament and
the fundamental rights of citizens can be suspended.
3. Financial Emergency: Article 360
of the Constitution provides for a financial emergency in case of a threat to
the financial stability or credit of India. In such a situation, the President
can declare a financial emergency and issue directions to the state governments
to follow certain financial principles. During a financial emergency, the
executive authority of the Centre extends to the giving of directions to any
state.
These emergency provisions are designed to ensure
the integrity and stability of the Indian Union and to prevent internal and
external threats to the country's security and economy. However, the use of
emergency provisions has been a subject of controversy in India's political
history, particularly during the Emergency declared by the then-Prime Minister
Indira Gandhi in 1975, which resulted in a suspension of civil liberties and
authoritarian rule.