Eduqo

Indian Polity & Constitution›Ch 7: Federalism & Local Government›Emergency Provisions

7.2

Emergency Provisions

5 min

Master Articles 352, 356, and 360 with 44th Amendment safeguards

1

Golden Rule of Emergency

Emergency provisions in Part XVIII of the Constitution empower the Centre to safeguard India's sovereignty, unity, and integrity during grave crises. Articles 352, 356, and 360 form the bedrock of this federal-to-unitary transformation.

2

Exam High-Yield Focus

  • Article 352: National Emergency on war, external aggression, or armed rebellion.
  • Article 356: President's Rule due to failure of constitutional machinery in states.
  • Article 360: Financial Emergency when financial stability or credit is threatened.

Quick Memory Hooks

  • 352 is National (War/Aggression/Rebellion), add 4 for 356 (State), add 4 for 360 (Money).
  • Fundamental Rights 20 and 21 can NEVER be suspended, even during National Emergency.
  • 44th Amendment 1978 added 'Armed Rebellion' and made cabinet approval mandatory in writing.
3

Emergency Comparison Chart

FeatureNat. Emergency (352)President's Rule (356)Fin. Emergency (360)
ApprovalBoth Houses in 1 MonthBoth Houses in 2 MonthsBoth Houses in 2 Months
Max DurationIndefinite (6M renewals)3 Years maxIndefinite (No max limit)
MajoritySpecial MajoritySimple MajoritySimple Majority
4

Core Impact Pillars

Article 19

(Automatic suspension on war)

Article 19: Automatic suspension on war

Automatic suspension on war

Constitution[ ART. 19 ]

Freedoms under Art 19 suspend during war or external aggression, not armed rebellion.

Art 359

(Presidential Order suspension)

Art 359: Presidential Order suspension

Presidential Order suspension

Enforcement of other Fundamental Rights can be suspended via separate Presidential order.

Bommai Case

(Judicial review of Art 356)

Bommai Case: Judicial review of Art 356

Judicial review of Art 356

Supreme Court ruled that President's Rule is subject to judicial review for malafide intent.

Salary Cut

(Financial emergency effect)

Salary Cut: Financial emergency effect

Financial emergency effect

Salaries of all civil servants and Supreme Court/High Court judges can be reduced.

5

Exam Traps & Pitfalls

National emergency needs simple majoritySpecial majority is mandatory

Approval of proclamation requires a special majority of both Houses.

Art 359 suspends FRs automaticallyRequires a separate Presidential Order

Unlike Article 19, suspension of other FRs is not automatic under Article 359.

Financial emergency has been used oftenNever proclaimed in India so far

Article 360 has never been invoked in independent India's history.

6

Test Your Knowledge

Q1.Which constitutional amendment made written recommendation of the Cabinet mandatory for proclaiming National Emergency?

Q2.Which Fundamental Rights cannot be suspended even during a National Emergency under Articles 352 and 359?

Previous

Page 32 of 40

Next