CDS Polity · Indian Constitution — Making, Foundation and Amendments
Emergency Provisions
The three emergencies of Part XVIII (national, President's Rule in a State, financial), their grounds and Articles, and what happens to the Fundamental Rights while one is in force.
Why this matters
Ten CDS questions, from 2016 (II) to 2023 (II). The grounds for a national emergency were asked twice, both times with 'internal disturbance' among the options, and the rights that survive an emergency were asked twice more. Most of the answers on this page trace back to one amendment, the 44th of 1978.
Concept 1 of 3: The three emergencies
The Constitution lets the Centre take extra powers in three kinds of crisis: a threat to the whole country, a breakdown of government in one State, and a threat to the country's finances. Each has its own Article, and only the President can declare any of them.
Definition
The three:
- National Emergency, Article 352: on the ground of war, external aggression or armed rebellion. The 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' and requires the written advice of the Cabinet. Parliament must approve it within one month by a special majority. Declared in 1962, 1971 and 1975.
- President's Rule, Article 356: when the constitutional machinery in a State fails.
- Financial Emergency, Article 360: when the financial stability or credit of India or any part of it is threatened. Never declared. The Centre can then order cuts in the salaries of State employees and give the States directions on money matters.
- There is no other kind of emergency, such as a 'health emergency'.
- A Governor has no emergency powers. Only the President can proclaim an emergency.
- During a national emergency the Union can give directions to a State on how to use its executive power.
| Emergency | Article | Ground |
|---|---|---|
| National Emergency | 352 | War, external aggression or armed rebellionQ CDS 2021 (II): 'internal disturbance' is not a ground; it was removed in 1978. |
| President's Rule | 356 | Failure of constitutional machinery in a State |
| Financial Emergency | 360 | Threat to financial stability or creditQ CDS 2017 (II): a Governor cannot declare a financial emergency; only the President can. |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2016 · CDS (II) 2016 — General Knowledge · Q96Moderate
Example 1 · Indian Constitution — Making, Foundation and Amendments · Emergency Provisions
Under Article 352 of the Constitution of India, an emergency can be declared if security of any part of India is threatened by
1. war
2. external aggression
3. armed rebellion
4. internal disturbance
Select the correct answer using the code given below.
Armed rebellion, not internal disturbance
Since the 44th Amendment (1978) the grounds are war, external aggression and armed rebellion. 'Internal disturbance', the ground used in 1975, is no longer in the Constitution.
Governors cannot declare emergencies
Every emergency is proclaimed by the President. A Governor has no emergency powers, not even for a financial crisis in the State.
Concept 2 of 3: President's Rule (Article 356)
If a State's government cannot be carried on as the Constitution requires, the President can take it over. The framers knew this power could be abused, so they promised it would be used only as a last step.
Definition
The rules:
- Imposed when the President is satisfied, on the Governor's report or otherwise, that the government of a State cannot be carried on under the Constitution.
- Parliament must approve it within two months by a simple majority. It can last at most three years, with approval every six months.
- In the Constituent Assembly, Ambedkar hoped it would be a dead letter and used only as a matter of last resort, after a warning to the State.
- S. R. Bommai (1994): the Supreme Court held that a proclamation can be reviewed by the courts.
- It has been used many times; Manipur has had it more often than most States, more than Bihar, Punjab or Karnataka.
| Point | Fact |
|---|---|
| Article | 356 |
| Approval by Parliament | Within two months, simple majority |
| Longest duration | Three years |
| Ambedkar's promise | A dead letter, used only as a last resort |
| Used most often among Bihar, Karnataka, Manipur, Punjab | ManipurQ |
Practice this conceptself-check · 3 quick reps
The same idea in a real exam question:
CDS · 2020 · CDS (I) 2020 — General Knowledge · Q91Moderate
Example 2 · Indian Constitution — Making, Foundation and Amendments · Emergency Provisions
Which one of the following Articles was defended by Dr. B. R. Ambedkar on the plea that it would be used as 'a matter of last resort'?
President's Rule is Article 356, not 352
Article 352 is the national emergency. President's Rule in a State is Article 356, and the financial emergency is Article 360.
Concept 3 of 3: Fundamental Rights during an emergency
A national emergency is the only way Fundamental Rights can be put on hold. After the misuse of 1975, the 44th Amendment fenced off two rights that can never be suspended: Articles 20 and 21.
Definition
The rules:
- Fundamental Rights can be suspended only during a national emergency; not by an ordinary law, an amendment or a court.
- Article 358: the freedoms of Article 19 are suspended automatically, but only when the emergency is on the ground of war or external aggression, not armed rebellion.
- Article 359: the President may suspend the right to move a court for other Fundamental Rights.
- Never suspended (44th Amendment): Article 20 (protection in respect of conviction for offences) and Article 21 (life and personal liberty).
| Right | During a national emergency |
|---|---|
| Article 19 freedoms (speech, movement and others) | Suspended automatically if the ground is war or external aggression |
| Equality before law, constitutional remedies and the rest | Enforcement can be suspended by the President (Article 359) |
| Article 20: protection in respect of conviction for offences | Never suspendedQ CDS 2023 (II): protection in respect of conviction for offences was the right NOT suspended. |
| Article 21: life and personal liberty | Never suspended |
Practice this conceptself-check · 3 quick reps
The same idea in a real exam question:
CDS · 2019 · CDS (I) 2019 — General Knowledge · Q10Moderate
Example 3 · Indian Constitution — Making, Foundation and Amendments · Emergency Provisions
When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except
Articles 20 and 21, not 21 and 22
The two rights that survive an emergency are Article 20 (conviction for offences) and Article 21 (life and liberty). Article 22 (arrest and detention) can be suspended.
Movement is suspended, conviction rights are not
Freedom of movement is part of Article 19, so it goes in a war emergency. Protection in respect of conviction for offences is Article 20, which is never suspended.
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (3)
The three emergencies3 rows
| Emergency | Article | Ground |
|---|---|---|
| National Emergency | 352 | War, external aggression or armed rebellionQ CDS 2021 (II): 'internal disturbance' is not a ground; it was removed in 1978. |
| President's Rule | 356 | Failure of constitutional machinery in a State |
| Financial Emergency | 360 | Threat to financial stability or creditQ CDS 2017 (II): a Governor cannot declare a financial emergency; only the President can. |
President's Rule (Article 356)5 rows
| Point | Fact |
|---|---|
| Article | 356 |
| Approval by Parliament | Within two months, simple majority |
| Longest duration | Three years |
| Ambedkar's promise | A dead letter, used only as a last resort |
| Used most often among Bihar, Karnataka, Manipur, Punjab | ManipurQ |
Fundamental Rights during an emergency4 rows
| Right | During a national emergency |
|---|---|
| Article 19 freedoms (speech, movement and others) | Suspended automatically if the ground is war or external aggression |
| Equality before law, constitutional remedies and the rest | Enforcement can be suspended by the President (Article 359) |
| Article 20: protection in respect of conviction for offences | Never suspendedQ CDS 2023 (II): protection in respect of conviction for offences was the right NOT suspended. |
| Article 21: life and personal liberty | Never suspended |
Watch out for (5)
- Armed rebellion, not internal disturbance→ The three emergencies
- Governors cannot declare emergencies→ The three emergencies
- President's Rule is Article 356, not 352→ President's Rule (Article 356)
- Articles 20 and 21, not 21 and 22→ Fundamental Rights during an emergency
- Movement is suspended, conviction rights are not→ Fundamental Rights during an emergency
Test yourself on Indian Constitution — Making, Foundation and Amendments
20 past CDS questions from this chapter, timed at 20 minutes and marked the way the exam marks it. You see your score and every answer the moment you finish. Free to start.