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Emergency in India: 50 Years and Constitutional Provisions

26 June 20251 min read
NATIONAL AFFAIRSEmergency inIndia: 50 Years andConstitutionalProvisions26 June 2025safalsetu.com

Why in the news

On 25 June 2025 the Modi government marked 50 years of the 1975 Emergency as Samvidhan Hatya Divas. The 21-month phase under Indira Gandhi saw civil liberties curbed, opposition leaders jailed and the press muzzled.

Constitutional framework

Articles 352-360 in Part XVIII give extraordinary powers to safeguard sovereignty, unity, democratic order and financial stability.

FeatureNational EmergencyState Emergency (President’s Rule)Financial Emergency
Articles352-354, 358-359355-357 (also 365)360
GroundsWar, external aggression, armed rebellionFailure of constitutional machinery; state ignoring Union directionsThreat to financial stability or credit
Declared byPresident (Art. 352)PresidentPresident
Parliament approvalBoth Houses within 1 monthBoth Houses within 2 months, simple majorityWithin 2 months
Duration6 months, extendable every 6 months indefinitely by special majority–Indefinite until revoked; no repeat approval
RevocationBy President or simple majority resolution in Lok Sabha––

Effects of a National Emergency

  • Centre-State: Centre directs states; Parliament legislates on state subjects; fund sharing can be altered.
  • Legislatures: terms extendable one year at a time, up to 6 months post-Emergency.
  • Rights: Article 19 suspended (Art. 358); enforcement of other rights suspended (Art. 359).

Effects of other emergencies

  • President’s Rule: Governor runs the state for the President; Parliament exercises legislative powers.
  • Financial Emergency: Centre controls state finances, may cut salaries of government and judicial officers; money bills need Presidential assent.

Exam angle

  • Part XVIII; Articles 352-360.
  • Article 356: President’s Rule; Article 360: financial emergency.

Test yourself

1. Which Article of the Constitution deals with the declaration of National Emergency?

The President declares a National Emergency under Article 352.

2. Within what period must Parliament approve a National Emergency, per the notes?

Both Houses must ratify it within 1 month.

3. Emergency provisions in the Constitution fall under which Part?

Articles 352 to 360 are in Part XVIII.