What is meant by Emergency in India ?
25 June 2021
My Dear Young Indians,
46 years back on 25th June 1975 the then President Dr
Fakhruddin Ali Ahmed under advice of the Prime Minister Mrs Indira Gandhi
proclaimed an Emergency.
What is an Emergency ?
As per the Constitution of India, there are three kinds of Emergency.
-National Emergency
-Constitutional Emergency
-Financial Emergency
National Emergency
This is defined under Article 352 of the Constitution.
As per Article 352 of the Constitution of India, the President, under the advice of the Prime Minister and the cabinet, can proclaim or declare Emergency if he is satisfied that the security of India or of any part of its territory is under threat by war or external aggression or armed rebellion.
What happens under National Emergency ?
Centre becomes entitled to give executive directions to a state on any matter. So, practically, the Central Govt can administers the entire country. The Parliament can make laws on subjects that are listed in the State List.
You must have studied in your Civics/ Social Studies classes that all administrative issues are segregated into three lists-
Central List
State List and
Concurrent List.
Laws regarding matters listed in these lists can be made by the Parliament, State Legislature and both respectively.
However, during times of National Emergency, the Parliament can make laws on matters listed in the State List also.
The President (or the Central Govt) can change the way revenues/ taxes are shared between the Centre and States.
For the common citizens, the biggest effect is the suspension of fundamental rights.
Constitutional Emergency
This is defined under Article 356 of the Constitution.
Constitutional Emergency is commonly referred to as President’s Rule
The President can proclamation this emergency if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
What happens under Constitutional Emergency ?
The Central Govt takes over the administration of the state through the Governor. (The Governor is the representative of the Central Govt )
The State Legislature विधान सभा ceases to be in existence and the Parliament संसद can make laws for the state.
Financial Emergency
This is defined under Article 360 of the Constitution.
The President can proclaim this emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
What happens under Financial Emergency ?
The Central Govt can exercise powers over financial matters of states.
Salaries of persons serving in states can be reduced.
Financial Bills passed in State Legislatures विधान सभा can be reviewed by the President.
On 25th June 1975 the then President Dr
Fakhruddin Ali Ahmed under advice of the Prime Minister Mrs Indira Gandhi
proclaimed an Emergency.
This Emergency was a National Emergency.
Other than in 1975, National Emergency has been proclaimed only two time-
-in 1962 during the India- China war
-in 1971 during the India-Pakistan war
Unscrupulous elements within the country may take advantage of the situation hence emergency may be declared when the country is at war.
Reasons why Mrs Indira Gandhi imposed emergency in India
were arbitrary and definitely not in the interest of the nation and its people. What made Indira Gandhi impose Emergency and what all she did during the emergency that lasted for 21 months (25 June 1975- 21 March 1977), we would discuss this some other day soon.
You and I may not have 'lived' those days of emergency but you, as citizens of India, should know what went wrong so that no one in future commits similar blunders.
Jai Hind !
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