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Emergency Provisions under Part XVIII of the Indian Constitution

 

Emergency Provisions under Part XVIII of the Indian Constitution

🚨 Emergency Provisions – Part XVIII

📘 Articles 352 to 360
📍 Purpose: To handle unusual situations like war, internal disturbances, or financial crisis by giving special powers to the President/Union Government.

📋 Types of Emergencies in India

🔢 Type of Emergency Article(s) Also Called
1️⃣ National Emergency Article 352 War / External Aggression / Armed Rebellion
2️⃣ President's Rule (State Emergency) Article 356, 365 Failure of Constitutional Machinery in a State
3️⃣ Financial Emergency Article 360 Due to financial instability

🛡️ 1. National Emergency (Article 352)

🔸 Grounds:

  • War

  • External Aggression

  • Armed Rebellion (added by 44th Amendment, 1978)

🔸 Procedure:

  • Declared by President on written advice of Union Cabinet

  • Must be approved by Parliament within 1 month, then renewed every 6 months

  • Can continue indefinitely if approved

🔸 Effects:

  • Centre becomes powerful – can make laws on State subjects

  • Fundamental Rights (Art. 19) get suspended (only during War or External Aggression)

  • President can change federal structure

  • Duration: Unlimited (with 6-month extensions)

🧠 Historical Use:

  • 1962 – Indo-China War

  • 1971 – Indo-Pak War

  • 1975 – Internal Emergency by Indira Gandhi (Armed Rebellion declared)

🏛️ 2. President’s Rule (Article 356)

🔸 Grounds:

  • State fails to function as per the Constitution

  • Governor sends a report or President acts suo motu

🔸 Approval:

  • Must be approved by both Houses within 2 months

  • Can continue for 6 months at a time, up to 3 years (with conditions)

🔸 Effects:

  • State legislature dissolved or suspended

  • Governor rules the state on behalf of the President

  • Parliament makes laws for the State

🔸 Criticism:

  • Misused many times for political reasons

  • S.R. Bommai case (1994): Supreme Court restricted misuse of Art. 356

💸 3. Financial Emergency (Article 360)

🔸 Grounds:

  • Financial stability or credit of India is threatened

🔸 Declaration:

  • By President

  • Must be approved by Parliament within 2 months

🔸 Effects:

  • Central government can:

    • Reduce salaries of government employees (including judges)

    • Direct States on financial matters

    • Control financial expenditures of States

📌 Note: Never used in Indian history so far.

🧠 Comparison Table

Feature National Emergency President’s Rule Financial Emergency
Article 352 356 360
Grounds War, Aggression, Rebellion State Constitutional failure Financial instability
Effect on States Union controls all subjects State Govt suspended Union controls finances
Effect on FRs Art. 19 suspended (with conditions) Not affected May reduce salaries etc.
Approval Time Within 1 month Within 2 months Within 2 months
Duration Unlimited (6-month renewal) Max 3 years (conditions) Until revoked

📜 Related Articles in Emergency Provisions

Article Provision
352 National Emergency
353 Effect of Emergency
354 Suspension of financial provisions (Art. 268–279)
355 Union’s duty to protect states
356 President’s Rule in states
357 Exercise of legislative powers during Emergency
358 Suspension of Art. 19 during National Emergency
359 Suspension of other Fundamental Rights
360 Financial Emergency

📘 Summary Chart

            🚨 Emergency Provisions (Part XVIII)
                        Articles 352–360
     ┌───────────────┬───────────────────┬────────────────────┐
     ▼               ▼                   ▼                    ▼
National         President’s Rule     Financial         Suspension of FRs
Emergency        (State Emergency)    Emergency         Art. 358 & 359
Art. 352         Art. 356, 365        Art. 360          Art. 19, others

Here are important MCQs on Emergency Provisions (Part XVIII, Articles 352–360) for your competitive exam preparation (UPSC, UKPSC, SSC, etc.):

✅ MCQs on Emergency Provisions

🔹 National Emergency (Article 352)

  1. Which Article of the Constitution deals with National Emergency?
    A) Article 356
    B) Article 352
    C) Article 360
    D) Article 355
    ✔️ Answer: B) Article 352

  2. Which of the following is NOT a ground for proclaiming National Emergency?
    A) War
    B) External aggression
    C) Armed rebellion
    D) Financial instability
    ✔️ Answer: D) Financial instability

  3. Fundamental Rights under Article 19 are suspended during National Emergency declared on the grounds of —
    A) War or external aggression
    B) Armed rebellion
    C) Financial Emergency
    D) President’s Rule
    ✔️ Answer: A) War or external aggression

  4. Which Amendment replaced the term "internal disturbance" with "armed rebellion"?
    A) 42nd Amendment
    B) 44th Amendment
    C) 52nd Amendment
    D) 86th Amendment
    ✔️ Answer: B) 44th Amendment

  5. After how many months must Parliament approve a National Emergency to continue it?
    A) 3 months
    B) 6 months
    C) 1 month
    D) 2 months
    ✔️ Answer: C) 1 month

🔹 President’s Rule (Article 356)

  1. Which Article empowers the President to impose President’s Rule in a State?
    A) Article 352
    B) Article 365
    C) Article 356
    D) Article 360
    ✔️ Answer: C) Article 356

  2. What is the maximum duration for which President’s Rule can normally be imposed in a State?
    A) 6 months
    B) 1 year
    C) 3 years
    D) 5 years
    ✔️ Answer: C) 3 years (with extensions)

  3. Which Supreme Court judgment restricted the misuse of Article 356?
    A) Kesavananda Bharati case
    B) Minerva Mills case
    C) S.R. Bommai case
    D) Golaknath case
    ✔️ Answer: C) S.R. Bommai case

🔹 Financial Emergency (Article 360)

  1. Which of the following articles deals with Financial Emergency?
    A) Article 352
    B) Article 360
    C) Article 365
    D) Article 356
    ✔️ Answer: B) Article 360

  2. Which of the following has never been declared in India so far?
    A) National Emergency
    B) President’s Rule
    C) Financial Emergency
    D) Internal Emergency
    ✔️ Answer: C) Financial Emergency

  3. During a Financial Emergency, the President can:
    A) Dissolve State Assemblies
    B) Direct reduction of salaries of judges and officials
    C) Suspend Fundamental Rights
    D) Proclaim war
    ✔️ Answer: B) Direct reduction of salaries of judges and officials

🔹 General / Mixed Questions

  1. Which Article suspends the Fundamental Rights under Article 19 during National Emergency?
    A) Article 358
    B) Article 359
    C) Article 365
    D) Article 360
    ✔️ Answer: A) Article 358

  2. During Emergency, Parliament can legislate on matters in the State List under:
    A) Article 248
    B) Article 249
    C) Article 353
    D) Article 250
    ✔️ Answer: C) Article 353

  3. Which of the following emergencies affects Fundamental Rights the most?
    A) National Emergency
    B) President’s Rule
    C) Financial Emergency
    D) None of the above
    ✔️ Answer: A) National Emergency


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