Crisis Authorities Granted
India's Constitution, under Articles 352 to 360, outlines the emergency provisions that can be invoked in times of national, state, or financial crisis. These provisions grant the Central government significant powers to maintain the country's stability and security.
National Emergency
A National Emergency can be declared due to war, external aggression, or armed rebellion. The declaration requires approval by both Houses of Parliament within one month, and the President can revoke the national emergency at any time without parliamentary approval.
The 38th Amendment Act (1975) enhanced the executive power during emergencies by making the President's satisfaction final and beyond judicial review, effectively giving the government unchecked authority to impose Emergency. This led to serious misuse of power during the 1975 Emergency period.
The 42nd Amendment (1976) further consolidated Parliament's power and curtailed the judiciary. It extended the Lok Sabha's term from five to six years during Emergency and essentially entrenched the government's Emergency powers by restricting judicial and procedural checks.
The 44th Amendment (1978) reversed many of the excesses of the 38th and 42nd Amendments by restoring judicial review over Emergency declarations. It tightened the grounds for proclaiming an Emergency by replacing the vague term "internal disturbance" with "armed rebellion," adding procedural safeguards such as mandatory written advice from the Union Cabinet to the President and requiring parliamentary approval within one month by a special majority. Furthermore, it protected certain fundamental rights, such as the right to life and personal liberty (Articles 20 and 21), from suspension during an Emergency.
State Emergency
During a State Emergency, the Central government gains full financial control over states. Parliamentary approval is required within two months, and the President can revoke the State Emergency without parliamentary approval. State High Courts remain unaffected—the President cannot take over their powers.
President's Rule can be imposed under Article 356 if the state government cannot function as per the Constitution. During President's Rule, the state legislative assembly may be dissolved or suspended, the state council of ministers and chief minister are dismissed, and the President takes over state government functions and powers of the Governor.
The Sarkaria commission recommended that President's Rule should be used as a measure of last resort, and clear warnings and alternative options should be explored before imposition. The commission also recommended that President's Rule should be a 'speaking document' and given wide public access, and an explanation should be sought from the state before action is taken.
Financial Emergency
Article 360 deals with Financial Emergency due to a threat to the financial stability or credit of India. During a Financial Emergency, the President can direct states to follow financial propriety norms, order salary reductions for state government employees, reserve state financial bills for presidential consideration, and reduce salaries of Union government employees and judges.
For democratic governance and healthy union-state relations, the union government should act as per the letter and spirit of the Constitution. The ultimate safeguard against the misuse of constitutional powers and machineries by the governments is public pressure.
In summary, the 38th and 42nd Amendments expanded emergency powers and limited judicial oversight, while the 44th Amendment curtailed these powers by restoring judicial review, imposing stricter conditions for declaring Emergency, and protecting fundamental rights even during Emergency situations. The aim is to safeguard the sovereignty, unity, integrity, and security of the nation.
- In the midst of discussions related to policy and legislation, it's crucial to address the implications of war-and-conflicts on general-news, particularly the impact of National Emergency declarations and the subsequent reassessment of emergency provisions in times of armed rebellion.
- Crime-and-justice remains a critical aspect of politics, as the misuse of power during Emergency periods has underscored the importance of maintaining judicial review and checking potential abuse of executive power during such crises.
