Syllabus
GS2: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Context:
India is commemorating 50 years of national emergency, the Indira Gandhi government on June 25, 1975, placed India under a state of Emergency under Article 352 of the Constitution.
More on the News
- This was the third Emergency in India’s history, earlier proclamations were during wars with China (1962) and Pakistan (1971).
- The then President Fakhruddin Ali Ahmed announced a nationwide state of emergency, citing “an imminent danger to the security of India being threatened by internal disturbances,” particularly after the war with Pakistan and the liberation of Bangladesh.
- The Shah Commission of Inquiry was set up in May 1977 to examine abuses of power during the Emergency of 1975.
- The oppressive Maintenance of Internal Security Act was passed during the Emergency era.
- There was large-scale suspension of fundamental rights for the citizenry, detention and arrest of Opposition leaders and critics, and press censorship.
Emergency Provisions
- The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively.
- The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.
- The Constitution stipulates three types of emergencies:
- National Emergency.
- State Emergency or Constitutional Emergency.
- Financial Emergency.
Declaration of National Emergency:
- Under Article 352, the President can declare a national emergency if India’s security is threatened by war, external aggression, or armed rebellion, even before their actual occurrence, if an imminent threat exists.
- The 38th Amendment Act of 1975 allows the President to issue multiple emergency proclamations for war, external aggression, or armed rebellion even if one is already in effect.
- Through the 44th Constitutional Amendment Act of 1978, the original inclusion of the phrase “internal disturbance” as a reason for emergency was substituted by “armed rebellion”, due to its abuse during the Emergency of 1975.
- When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
- On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.
- A proclamation of national emergency may be applicable to the entire country or only a part of it.
- The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.
- In 1975, PM Indira Gandhi declared an emergency without consulting her cabinet, informing them only after it was declared. The 44th Amendment of 1978 later mandated cabinet approval to prevent such unilateral decisions.
- The 38th Amendment Act of 1975 made the declaration of a National Emergency immune to judicial review. But this provision was subsequently deleted by the 44th Amendment Act of 1978.
Consequences of the National Emergency
- Effect on the Centre-State relations:
- Executive: During a national emergency, the Centre can direct states on how to exercise their executive powers.
- Legislative: Parliament can legislate on State List subjects. State legislatures continue, but their powers are overridden, making the system effectively unitary.
- Financial: During a national emergency, the President can alter Centre-State revenue distribution, including reducing or halting transfers. This lasts until the financial year ends after the emergency and must be placed before both Houses of Parliament.
- Effect on the life of the Lok Sabha and the State assembly:
- During a national emergency, Parliament can extend the Lok Sabha’s term by one year at a time, but not beyond six months after the emergency ends.
- During a national emergency, Parliament can extend a state assembly’s term by one year at a time, but not beyond six months after the emergency ends.
- Effect on the Fundamental Rights:
- Article 358: When a national emergency is declared, Fundamental Rights under Article 19 are automatically suspended without a separate order.
- Article 359: It authorises the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.