The Constitution of India provides for emergency provisions that can be invoked by the President of India in certain exceptional situations. These provisions are meant to deal with situations of national crisis, such as war, internal disturbance, or the breakdown of the constitutional machinery in a state.
There are three types of emergency provisions in the Indian Constitution:
- National Emergency: A national emergency can be declared when there is a threat to the security of the country, either due to war or external aggression, or due to armed rebellion within the country. The President can declare a national emergency on the advice of the Cabinet, and during this period, the fundamental rights of citizens can be suspended.
- State Emergency: A state emergency can be declared when there is a breakdown of the constitutional machinery in a state, either due to a failure of law and order, or due to the failure of the state government to function according to the Constitution. The Governor of the state can recommend a state emergency to the President, who can then declare it. During a state emergency, the President can assume direct control of the state’s administration.
- Financial Emergency: A financial emergency can be declared when there is a threat to the financial stability or credit of India. This provision has never been used in India since independence.
Emergency provisions are meant to be used only in exceptional situations, and their use is subject to judicial review. The Constitution also contains provisions to prevent the misuse of emergency powers, such as the requirement that the emergency proclamation be approved by Parliament within a certain period of time.
