Eduqo
Indian Polity & Constitution›Ch 7: Federalism & Local Government›Emergency Provisions
Master Articles 352, 356, and 360 with 44th Amendment safeguards
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.
Quick Memory Hooks
| Feature | Nat. Emergency (352) | President's Rule (356) | Fin. Emergency (360) |
|---|---|---|---|
| Approval | Both Houses in 1 Month | Both Houses in 2 Months | Both Houses in 2 Months |
| Max Duration | Indefinite (6M renewals) | 3 Years max | Indefinite (No max limit) |
| Majority | Special Majority | Simple Majority | Simple Majority |
Article 19
(Automatic suspension on war)
Automatic suspension on war
Freedoms under Art 19 suspend during war or external aggression, not armed rebellion.
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)
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)
Financial emergency effect
Salaries of all civil servants and Supreme Court/High Court judges can be reduced.
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.
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?