Emergency Provisions under Part XVIII of the Indian Constitution

 

Emergency Provisions under Part XVIII of the Indian Constitution

 Emergency Provisions under Part XVIII of the Indian Constitution

The Constitution of India is a unique blend of flexibility and rigidity. While it guarantees fundamental rights, ensures democracy, and secures federalism, it also recognizes the need to deal with extraordinary situations that may threaten the sovereignty, security, or unity of the nation. To address such conditions, Part XVIII of the Indian Constitution (Articles 352 to 360) lays down the Emergency Provisions.

These provisions empower the Union government to assume sweeping powers to safeguard the integrity and survival of the state, even if it means temporarily suspending the fundamental rights of citizens or overriding federal structures. However, these powers are not absolute and are subject to constitutional checks and balances.

 

Types of Emergencies in the Indian Constitution

The Constitution recognizes three types of emergencies:

1. National Emergency (Article 352)

A National Emergency can be proclaimed when the security of India or any part of its territory is threatened by:

• War
• External Aggression
• Armed Rebellion (earlier called "internal disturbance" before the 44th Amendment, 1978)

Key Features:

• The President can proclaim this emergency on the written advice of the Union Cabinet.
• Such a proclamation must be approved by both Houses of Parliament within one month.
• It remains in force for six months at a time, subject to parliamentary approval, but can be continued indefinitely with such approval.
• During a national emergency:
• The federal structure becomes unitary in nature as the Union Parliament can legislate on matters of the State List.
• Fundamental Rights under Article 19 are automatically suspended.
• Rights under Articles 20 and 21 (protection in respect of conviction for offences and right to life and personal liberty) remain untouched, as clarified by the 44th Amendment.
• The President can suspend the right to move courts for enforcement of fundamental rights (Article 359).

Historical Use:

• 1962: Declared during the India-China war.
• 1971: Declared during the India-Pakistan war.
• 1975–1977: Declared by Indira Gandhi citing "internal disturbance," widely criticized as an attack on democracy.

 

2. State Emergency / President’s Rule (Article 356)

Also known as President’s Rule, this emergency can be proclaimed if the constitutional machinery of a state fails.

Grounds:

• Failure of governance in a state such that it cannot be carried on in accordance with the Constitution.
• President acts on the report of the Governor or otherwise.

Key Features:

• The President can assume the functions of the state government.
• The State Legislative Assembly may be suspended or dissolved.
• Parliament assumes the power to make laws for the state.
• It must be approved by Parliament within two months.
• It can last for six months at a time, subject to renewal, but cannot extend beyond three years (with conditions laid down by the 44th Amendment).

Historical Use:

• Article 356 has been invoked more than 125 times since independence.
• The Supreme Court in S.R. Bommai v. Union of India (1994) restricted arbitrary use of Article 356, laying down that judicial review is permissible.

 

3. Financial Emergency (Article 360)

A Financial Emergency can be proclaimed when the financial stability or credit of India is threatened.

Key Features:

• The President can proclaim it on the advice of the Union Cabinet.
• Must be approved by Parliament within two months.
• No time limit for its operation – it continues until revoked.
• During a financial emergency:
• The Union government gains the power to direct states on financial matters.
• The salaries and allowances of government employees, including judges of the Supreme Court and High Courts, can be reduced.
• All money bills and other financial matters come under Union control.

Historical Note:

• No Financial Emergency has been declared in India till date.

 

Safeguards against Misuse of Emergency Powers

To prevent authoritarian misuse of these provisions, several safeguards exist:

1.    Cabinet Approval – The President must act on the written recommendation of the Cabinet (44th Amendment).

2.    Parliamentary Control – Proclamations must be approved by Parliament within stipulated time frames.

3.    Judicial Review – Courts can examine the validity of emergency proclamations (e.g., S.R. Bommai case).

4.    Fundamental Rights Protection – The 44th Amendment safeguarded Articles 20 and 21, even during emergencies.

5.    Time Limits – Emergencies are not indefinite; they must be periodically renewed with parliamentary consent.

 

Criticism of Emergency Provisions

• Threat to Democracy: The 1975–77 emergency is often cited as an example of misuse leading to suspension of democratic rights.
• Weakening Federalism: During emergencies, the Union government assumes overwhelming control over states.
• Fundamental Rights Curtailment: Citizens’ rights are suspended, undermining constitutional guarantees.
• Scope for Political Misuse: Article 356 (President’s Rule) has often been invoked for political gains.

 

Positive Aspects of Emergency Provisions

• National Security: Provide the government with extraordinary powers to protect sovereignty and integrity.
• Crisis Management: Ensure quick action during war, rebellion, or financial collapse.
• Unity of the Nation: Strengthen central control during times of grave threat.

 

The Emergency Provisions in Part XVIII of the Indian Constitution represent a double-edged sword. On one hand, they equip the state with the necessary tools to safeguard the nation during extraordinary circumstances. On the other, their misuse can erode democracy, federalism, and civil liberties.

The experiences of the past, particularly the Emergency of 1975, highlight the importance of vigilance, judicial oversight, and democratic accountability. The framers of the Constitution designed these provisions with good intent, but it is the responsibility of the political leadership and citizens to ensure they are used only in genuine national interest, not for partisan gains.

In essence, while Part XVIII of the Indian Constitution is a protective shield for the nation in times of crisis, it must be exercised with utmost caution, responsibility, and respect for democratic principles.

 

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MCQs on Emergency Provisions – Part XVIII (Articles 352–360)

 National Emergency (Article 352)

National Emergency can be proclaimed under which Article of the Constitution?
a) Article 350
b) Article 352
c) Article 356
d) Article 360
Answer: b) Article 352

 

Q2. National Emergency can be proclaimed on which grounds?
a) War
b) External aggression
c) Armed rebellion
d) All of the above
Answer: d) All of the above

 

Q3. Before the 44th Amendment, which term was used instead of "armed rebellion"?
a) Civil unrest
b) Internal disturbance
c) Domestic violence
d) Riot
Answer: b) Internal disturbance

 

Q4. Who has the power to proclaim a National Emergency?
a) Prime Minister
b) President
c) Parliament
d) Cabinet Secretary
Answer: b) President

 

Q5. On whose written advice can the President proclaim National Emergency?
a) Prime Minister alone
b) Union Cabinet
c) Chief Justice of India
d) Speaker of Lok Sabha
Answer: b) Union Cabinet

 

Q6. National Emergency must be approved by Parliament within:
a) 1 month
b) 2 months
c) 6 months
d) 3 months
Answer: a) 1 month

 

Q7. Once approved, National Emergency is valid for:
a) 3 months
b) 6 months
c) 1 year
d) Indefinitely
Answer: b) 6 months

 

Q8. Which fundamental rights are automatically suspended during National Emergency?
a) Articles 19, 20, 21
b) Article 19 only
c) Article 21 only
d) Articles 32 and 226
Answer: b) Article 19 only

 

Q9. Which rights cannot be suspended even during a National Emergency?
a) Articles 14 and 19
b) Articles 20 and 21
c) Articles 15 and 16
d) Articles 32 and 226
Answer: b) Articles 20 and 21

 

Q10. The right to move courts for enforcement of Fundamental Rights may be suspended by the:
a) Prime Minister
b) Parliament
c) President (under Article 359)
d) Chief Justice of India
Answer: c) President (under Article 359)

 

Q11. National Emergency was declared for the first time in India in:
a) 1961
b) 1962
c) 1965
d) 1971
Answer: b) 1962 (Indo-China war)

 

Q12. During which Prime Minister’s tenure was National Emergency imposed citing “internal disturbance”?
a) Jawaharlal Nehru
b) Lal Bahadur Shastri
c) Indira Gandhi
d) Rajiv Gandhi
Answer: c) Indira Gandhi (1975–77)

 

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State Emergency / President’s Rule (Article 356)

Q13. President’s Rule in a state is provided under:
a) Article 355
b) Article 356
c) Article 360
d) Article 352
Answer: b) Article 356

 

Q14. President’s Rule can be imposed when:
a) State Assembly fails to elect CM
b) Government loses majority
c) Breakdown of constitutional machinery
d) All of the above
Answer: d) All of the above

 

Q15. Whose report is normally required for President’s Rule?
a) Chief Minister
b) Governor
c) Prime Minister
d) Chief Justice of High Court
Answer: b) Governor

 

Q16. President’s Rule must be approved by Parliament within:
a) 1 month
b) 2 months
c) 6 months
d) 3 months
Answer: b) 2 months

 

Q17. Maximum duration of President’s Rule in a state is:
a) 1 year
b) 2 years
c) 3 years
d) Unlimited
Answer: c) 3 years (with special conditions)

 

Q18. Which landmark case restricted misuse of Article 356?
a) Keshavananda Bharati v. State of Kerala
b) Indira Gandhi v. Raj Narain
c) S.R. Bommai v. Union of India
d) Minerva Mills v. Union of India
Answer: c) S.R. Bommai v. Union of India (1994)

 

Q19. When President’s Rule is imposed:
a) Parliament assumes power to make laws for the state
b) State Assembly is dissolved or suspended
c) President takes over executive functions
d) All of the above
Answer: d) All of the above

 

Q20. Which Article places a duty on the Union to protect states against external aggression and internal disturbance?
a) Article 352
b) Article 355
c) Article 356
d) Article 360
Answer: b) Article 355

 

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Financial Emergency (Article 360)

Q21. Financial Emergency is proclaimed under:
a) Article 352
b) Article 356
c) Article 360
d) Article 361
Answer: c) Article 360

 

Q22. Financial Emergency can be proclaimed when:
a) Inflation rises
b) Credit of India is threatened
c) GDP falls below 5%
d) Balance of Payments is positive
Answer: b) Credit of India is threatened

 

Q23. Once proclaimed, Financial Emergency must be approved by Parliament within:
a) 1 month
b) 2 months
c) 6 months
d) 3 months
Answer: b) 2 months

 

Q24. During Financial Emergency, the Union can:
a) Reduce salaries of government employees
b) Reduce salaries of judges
c) Direct states on financial matters
d) All of the above
Answer: d) All of the above

 

Q25. How many times has Financial Emergency been declared in India?
a) Never
b) Once
c) Twice
d) Thrice
Answer: a) Never

 

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General Provisions & Safeguards

Q26. Which Amendment ensured that the President must act on written advice of Cabinet while proclaiming Emergency?
a) 38th Amendment
b) 42nd Amendment
c) 44th Amendment
d) 24th Amendment
Answer: c) 44th Amendment

 

Q27. Judicial review of Emergency Proclamations is allowed after:
a) Kesavananda Bharati case
b) Minerva Mills case
c) S.R. Bommai case
d) All of the above
Answer: d) All of the above

 

Q28. Which Article allows suspension of Fundamental Rights during Emergency?
a) Article 32
b) Article 358 & 359
c) Article 19
d) Article 21
Answer: b) Article 358 & 359

 

Q29. Which Fundamental Rights cannot be suspended even during an Emergency?
a) Articles 14 & 15
b) Articles 20 & 21
c) Articles 32 & 226
d) Articles 19 & 22
Answer: b) Articles 20 & 21

 

Q30. Which one of the following emergencies has no maximum time limit?
a) National Emergency
b) State Emergency
c) Financial Emergency
d) None of these
Answer: c) Financial Emergency

 

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Additional Important Questions

Q31. Which Article empowers the President to modify distribution of revenues between Union and States during Emergency?
a) Article 354
b) Article 355
c) Article 356
d) Article 360
Answer: a) Article 354

 

Q32. During National Emergency, Lok Sabha’s normal tenure can be extended by:
a) 1 year at a time
b) 2 years at a time
c) 6 months at a time
d) Indefinitely
Answer: a) 1 year at a time

 

Q33. In which year was Article 352 amended to replace “internal disturbance” with “armed rebellion”?
a) 1971
b) 1975
c) 1978
d) 1985
Answer: c) 1978 (44th Amendment)

 

Q34. Article 359 empowers the President to suspend:
a) Operation of Fundamental Rights
b) Enforcement of Fundamental Rights
c) Both (a) and (b)
d) None of these
Answer: b) Enforcement of Fundamental Rights

 

Q35. Which body approves continuation of Emergency beyond initial period?
a) President
b) Union Cabinet
c) Parliament
d) Supreme Court
Answer: c) Parliament

 

Q36. The Emergency of 1975 lasted for:
a) 6 months
b) 12 months
c) 18 months
d) 21 months
Answer: d) 21 months

 

Q37. Which country’s constitution inspired India’s emergency provisions?
a) USA
b) Germany (Weimar Constitution)
c) UK
d) USSR
Answer: b) Germany (Weimar Constitution)

 

Q38. Article 357 deals with:
a) Union’s power to give directions to states
b) Parliament’s power to legislate for states under President’s Rule
c) Suspension of rights during emergency
d) Financial control of states
Answer: b) Parliament’s power to legislate for states under President’s Rule

 

Q39. Which Amendment curtailed misuse of Emergency provisions by restoring powers of judiciary?
a) 38th Amendment
b) 42nd Amendment
c) 44th Amendment
d) 52nd Amendment
Answer: c) 44th Amendment

 

Q40. During an Emergency, which Article allows extension of the Union’s power to legislate on State List matters?
a) Article 249
b) Article 250
c) Article 251
d) Article 252
Answer: b) Article 250

 

Emergency Provisions – MCQ Set (Articles 352–360)

National Emergency (Advanced)

Q41. The maximum period a National Emergency can continue with parliamentary approval is:
a) 1 year
b) 3 years
c) 6 years
d) Unlimited
Answer: d) Unlimited (as long as Parliament approves every 6 months).

 

Q42. During a National Emergency, laws made by Parliament on State List matters:
a) Remain valid only during Emergency
b) Remain valid even after Emergency ceases
c) Automatically lapse
d) Must be revalidated by State Assembly
Answer: b) Remain valid even after Emergency ceases (but can be repealed by state).

 

Q43. Which Emergency was proclaimed during the Indo-Pak war of 1971?
a) Only National Emergency under external aggression
b) Only National Emergency under war
c) Both (1962 Emergency continued + New Emergency in 1971)
d) None of the above
Answer: c) Both (two National Emergencies overlapped).

 

Q44. The proclamation of Emergency can be revoked by:
a) Prime Minister
b) President
c) Parliament
d) Supreme Court
Answer: b) President (but bound by Cabinet advice).

 

Q45. Which constitutional amendment made approval of Emergency by Parliament compulsory within 1 month?
a) 38th
b) 42nd
c) 44th
d) 52nd
Answer: c) 44th Amendment.

 

Q46. The 38th Amendment Act (1975) made:
a) Emergency proclamation beyond judicial review
b) Emergency approval time limit 1 month
c) Right to life non-suspendable
d) Governor’s recommendation mandatory
Answer: a) Emergency proclamation beyond judicial review (later nullified).

 

Q47. During National Emergency, Parliament can legislate on:
a) Union List only
b) State List only
c) Both Union and State List
d) None of the above
Answer: c) Both Union and State List.

 

Q48. The maximum extension of Lok Sabha during Emergency:
a) 1 year at a time
b) 2 years at a time
c) 5 years at a time
d) Unlimited
Answer: a) 1 year at a time.

 

Q49. Which Emergency proclamation is subject to judicial review after 44th Amendment?
a) National Emergency
b) President’s Rule
c) Financial Emergency
d) All of the above
Answer: d) All of the above.

 

Q50. How many times has National Emergency been proclaimed in India?
a) 2 times
b) 3 times
c) 4 times
d) 5 times
Answer: b) 3 times (1962, 1971, 1975).

 

 

President’s Rule (Advanced)

Q51. The maximum duration of President’s Rule without parliamentary approval:
a) 1 month
b) 2 months
c) 3 months
d) 6 months
Answer: b) 2 months.

 

Q52. The proclamation of President’s Rule requires approval by:
a) Only Lok Sabha
b) Only Rajya Sabha
c) Both Lok Sabha and Rajya Sabha
d) President alone
Answer: c) Both Lok Sabha and Rajya Sabha.

 

Q53. The 44th Amendment limited President’s Rule to:
a) 6 months maximum
b) 1 year maximum
c) 3 years maximum (with conditions)
d) Unlimited
Answer: c) 3 years maximum (with conditions).

 

Q54. Which case emphasized that Article 356 is subject to judicial review?
a) Kesavananda Bharati case
b) Golaknath case
c) S.R. Bommai case
d) Minerva Mills case
Answer: c) S.R. Bommai case.

 

Q55. The President’s Rule can be extended beyond one year only if:
a) National Emergency is in operation
b) Election Commission certifies difficulty in elections
c) Parliament passes it by special majority
d) Both (a) and (b)
Answer: d) Both (a) and (b).

 

Q56. Which of the following happened the maximum times in India?
a) National Emergency
b) President’s Rule
c) Financial Emergency
d) None of the above
Answer: b) President’s Rule (over 125 times).

 

Q57. During President’s Rule, Parliament exercises powers of:
a) State Executive only
b) State Legislature only
c) Both State Executive and Legislature
d) Judiciary
Answer: c) Both State Executive and Legislature.

 

Q58. Article 357 deals with:
a) Union’s duty to protect states
b) Parliament’s power to legislate for a state during President’s Rule
c) Suspension of Fundamental Rights
d) Extension of Lok Sabha
Answer: b) Parliament’s power to legislate for a state during President’s Rule.

 

Q59. Who can dissolve a State Assembly during President’s Rule?
a) Governor
b) President
c) Prime Minister
d) Chief Justice of High Court
Answer: b) President.

 

Q60. Which Article provides that Union has a duty to protect states against failure of governance?
a) Article 352
b) Article 355
c) Article 356
d) Article 360
Answer: b) Article 355.

 

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Financial Emergency (Advanced)

Q61. Which Article allows the President to direct states to follow Union financial instructions?
a) Article 354
b) Article 356
c) Article 360
d) Article 361
Answer: c) Article 360.

 

Q62. Which of the following is NOT a consequence of Financial Emergency?
a) Salaries of judges may be reduced
b) State governments must follow Union directions on financial matters
c) Fundamental Rights are suspended
d) Money bills require Union approval
Answer: c) Fundamental Rights are suspended (not true).

 

Q63. Which Amendment Act allowed Parliament to reduce salaries of all government officials during Financial Emergency?
a) 38th
b) 42nd
c) None (provision exists in original Constitution)
d) 44th
Answer: c) None (this power was present in original Constitution).

 

Q64. Which country’s Constitution influenced Financial Emergency provisions in India?
a) USA
b) Canada
c) Germany
d) None (original concept in India)
Answer: d) None (it was original in India’s Constitution).

 

Q65. A Financial Emergency, once approved, lasts until:
a) 6 months
b) 1 year
c) Revoked by President
d) Revoked by Parliament
Answer: c) Revoked by President.

 

Q66. Which organ of government can check misuse of Financial Emergency?
a) President
b) Parliament
c) Judiciary
d) Both Parliament and Judiciary
Answer: d) Both Parliament and Judiciary.

 

Q67. The proclamation of Financial Emergency has to be approved by:
a) Both Houses of Parliament
b) Only Lok Sabha
c) Only Rajya Sabha
d) Supreme Court
Answer: a) Both Houses of Parliament.

 

Q68. Under Financial Emergency, the salaries of which officials may be reduced?
a) Central Government employees
b) State Government employees
c) Judges of Supreme Court and High Courts
d) All of the above
Answer: d) All of the above.

 

Q69. Article 360 has been:
a) Frequently used
b) Used only once
c) Never used
d) Used twice
Answer: c) Never used.

 

Q70. The Constitution allows salaries of judges to be reduced during Financial Emergency, overriding which Article?
a) Article 125 and 221 (salary protections)
b) Article 352
c) Article 368
d) Article 50
Answer: a) Article 125 and 221.

 

 

Miscellaneous & Case Laws

Q71. Who decides whether a situation of emergency exists?
a) Prime Minister
b) President (on Cabinet advice)
c) Parliament
d) Supreme Court
Answer: b) President (on Cabinet advice).

 

Q72. Which Article automatically suspends Article 19 during National Emergency?
a) Article 352
b) Article 358
c) Article 359
d) Article 360
Answer: b) Article 358.

 

Q73. Who can challenge the validity of an Emergency proclamation?
a) Governor
b) Supreme Court/High Courts
c) Parliament only
d) Nobody
Answer: b) Supreme Court/High Courts.

 

Q74. The first misuse of Article 356 happened in which state?
a) Punjab
b) Kerala
c) Andhra Pradesh
d) Uttar Pradesh
Answer: b) Kerala (1959).

 

Q75. The proclamation of Emergency lapses if not approved by Parliament within:
a) 1 month (National) / 2 months (State/Financial)
b) 6 months
c) 3 months
d) 1 year
Answer: a) 1 month (National) / 2 months (State/Financial).

 

Q76. Which Article allows extension of Union’s power over financial matters during Emergency?
a) Article 354
b) Article 357
c) Article 358
d) Article 359
Answer: a) Article 354.

 

Q77. In which case did the Supreme Court uphold that Fundamental Rights cannot be suspended beyond what Constitution provides?
a) ADM Jabalpur v. Shivkant Shukla (1976)
b) S.R. Bommai v. Union of India
c) Minerva Mills v. Union of India
d) Kesavananda Bharati v. State of Kerala
Answer: a) ADM Jabalpur v. Shivkant Shukla (1976).

 

Q78. Which Amendment deleted the word "internal disturbance" from Article 352?
a) 38th
b) 42nd
c) 44th
d) 52nd
Answer: c) 44th Amendment.

 

Q79. The “Basic Structure Doctrine” ensures that Emergency provisions:
a) Cannot be amended
b) Cannot destroy democracy
c) Cannot curtail federalism
d) All of the above
Answer: d) All of the above.

 

Q80. Which Article empowers Parliament to extend its laws beyond Emergency period?
a) Article 249
b) Article 250
c) Article 251
d) Article 252
Answer: b) Article 250.

 

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More Practice Questions

Q81. Which Fundamental Right remains enforceable during Emergency?
a) Right to Equality
b) Right to Freedom
c) Right to Life and Liberty
d) Right against Exploitation
Answer: c) Right to Life and Liberty (Article 21).

 

Q82. Who can move a resolution to disapprove continuation of Emergency in Lok Sabha?
a) Prime Minister
b) Leader of Opposition
c) Any 1/10th of members of Lok Sabha
d) Chief Justice
Answer: c) Any 1/10th of members of Lok Sabha.

 

Q83. Which Article provides that President can reduce salaries even of judges during Financial Emergency?
a) Article 125
b) Article 221
c) Article 360
d) Both a and b
Answer: d) Both a and b.

 

Q84. Who decides on the continuation of Lok Sabha beyond its normal tenure during Emergency?
a) President
b) Parliament
c) Election Commission
d) Supreme Court
Answer: b) Parliament.

 

Q85. Which part of the Constitution deals with Emergency provisions?
a) Part XVI
b) Part XVII
c) Part XVIII
d) Part XIX
Answer: c) Part XVIII.

 

Q86. Which Amendment curtailed power of Centre to dismiss State governments arbitrarily?
a) 38th
b) 42nd
c) 44th
d) 73rd
Answer: c) 44th Amendment.

 

Q87. Which Emergency provision was borrowed from the Weimar Constitution of Germany?
a) National Emergency
b) State Emergency
c) Financial Emergency
d) All of the above
Answer: a) National Emergency.

 

Q88. What happens to distribution of revenues during Emergency?
a) Union keeps all revenues
b) Parliament can modify it (Article 354)
c) States retain normal share
d) Judiciary decides
Answer: b) Parliament can modify it (Article 354).

 

Q89. Which of the following can be suspended during an Emergency?
a) Parliament
b) Fundamental Rights
c) State Assemblies
d) Both b and c
Answer: d) Both b and c.

 

Q90. Who certifies that elections cannot be held in a state for extension of President’s Rule beyond 1 year?
a) Governor
b) Election Commission
c) Prime Minister
d) Supreme Court
Answer: b) Election Commission.

 

Quick Ones (Revision)

Article 352 relates to: National Emergency.
Article 355 relates to: Duty of Union to protect states.
Article 356 relates to: State Emergency / President’s Rule.
Article 357 relates to: Parliament’s power to legislate for states.
Article 358 relates to: Automatic suspension of Article 19 rights.
Article 359 relates to: Suspension of enforcement of rights by President.
Article 360 relates to: Financial Emergency.
How many times has Financial Emergency been declared? Zero (Never).
How many times has National Emergency been declared? 3 times.
Who has the final authority to revoke Emergency? President (on Cabinet advice).