Emergency Provisions in India

On June 25, India marked fifty years since the imposition of the Emergency.

During the 21-month period from 1975 to 1977, civil liberties were suspended, press freedom was curtailed, mass arrests were conducted, elections were cancelled, and rule by decree was enforced.

The Constitution of India outlines three categories of emergencies:

Under Article 352, the President can declare a national emergency when war, external aggression, or armed rebellion threatens the security of India or any part of it.
The President may also declare a national emergency preemptively if they believe there is a significant threat to the security of India or any part of it.

A proclamation made under Article 352 must be presented to each House of Parliament and must be approved by them with a special majority.
- Special Majority: 50% of the total membership of the House, and a majority of not less than 2/3rd of the members of that House present and voting.
Approval:
- Within one month after the date of the proclamation, it must be ratified by both houses of Parliament.
- If the Lok Sabha is not in session or has been dissolved before the expiry of one month, the proclamation must be approved within 30 days from the first sitting of the newly constituted Lok Sabha, provided that the Rajya Sabha approves it in the meanwhile.
Duration:
- Initially, the emergency remains in effect for six months after approval.
- This period can be extended indefinitely, with each extension requiring parliamentary approval by a special majority every six months.

Executive: The Centre’s executive authority extends to advising any state to exercise its executive authority.
Legislative: The Parliament can enact laws on any subject in the state list.
Financial: The President can modify the distribution of revenues between the Union and the States.
Lok Sabha: The life of the Lok Sabha can be extended beyond its regular term, but only for a maximum of six months after the Emergency has ended.
State Assembly: Parliament may extend the normal term of a state Legislative Assembly by one year, up to a maximum of six months after the Emergency has ended.

Article 358:
- Suspends the fundamental rights under Article 19.
- The six fundamental rights under Article 19 are immediately suspended when a proclamation of national emergency is made on the grounds of war and external aggression.
Article 359:
- Suspends other fundamental rights.
- The President can suspend the right to petition any court to enforce fundamental rights, except for Articles 20 and 21.
- The suspension of enforcement is limited to the fundamental rights specified in the presidential order.

Articles 352(2) and 352(7) outline the procedure for revoking a proclamation of Emergency.
The President can revoke an emergency proclamation by making a subsequent proclamation without requiring parliamentary approval.
The proclamation ceases to operate after six months unless it is renewed by both houses of Parliament.

Indo-China War, 1962:
- The first Emergency was declared in October 1962 when the Indo-China war broke out. Although a ceasefire was declared a month later, the Emergency was not revoked.
Bangladesh Liberation War (Indo-Pak War), 1971:
- The second Emergency was imposed in December 1971 during the Bangladesh Liberation War, in which India played a significant role.
Internal Emergency, 1975:
- Unlike the first two, the third Emergency was an internal Emergency imposed on the grounds of internal disturbances.