19th December 2020 | Daily Brief

1. Prepare a short note on types of emergency mentioned under article 352, 356 and 360. Also, discuss article 365.

An emergency may be defined as “circumstances arising suddenly that calls for immediate action by the public authorities under the powers granted to them.”In India, the emergency provisions are such that the constitution enables the federal government to acquire the strength of unitary government whenever the situation demands.


There are three types of emergencies under the Indian Constitution namely-

• National Emergency (under art 352)
• State Emergency (art 356)
• Financial Emergency (art 360)

National Emergency

• Can be applied If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion
• Duration: 6 months If approved by both houses of parliament and can be extended to an indefinite period with an approval of the Parliament for every six months.
• Revocation: by President at any time by a subsequent proclamation (no requirement of parliamentary approval) or “must” be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.

State Emergency

• Issued by President after receiving a report from the Governor of a State or otherwise satisfied that a situation exists where the Government of a State cannot be carried in accordance with the provisions of the Constitution.
• Duration: 6 months after it has been approved by the Parliament. The duration of an emergency can be extended for 6 months at a time but it cannot remain in operation for more than 3 years.

Art 365: Article 365 is an extension to emergency powers of President. It prescribes a specific instance in which it would be lawful for the President to assume power Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union.

Thus both article 356 and 365 deals with President rule in states albeit on different basis.

Financial Emergency 

• Imposed when president is satisfied that situation exists where the financial stability of India or any part of the territory is threatened.
• Duration: continues indefinitely till it is revoked once approved by parliament till proclamation revoking it,

While emergency is a tool to contain temporary crises in part or whole of India, it can become a tool of dictatorship too if misused since the imposition of it tends to convert federal structure in to a completely unitary one. Dr. Baba Saheb Ambedkar referred Article 356 of the Constitution of India as a dead letter in hope that it may never be used. In this regard, the ruling of S.R.Bommai restricting arbitrary imposition of president’s rule and recommendations of Sarkaria and Punchhi commission suggesting detailed guidelines should be implemented as sson as possible.