50 years of National Emergency
( UPSC Prelims)
News Context
In 2025, it was the 50th anniversary of the National Emergency, which was declared on June 25, 1975, and continued until March 21, 1977.
Types of Emergencies
National Emergency (Article 352): This can be declared in situations of war or external aggression (referred to as an External Emergency) and in cases of armed rebellion (known as an Internal Emergency).
President's Rule (Article 356): This is invoked when there is a breakdown of constitutional machinery or a failure to comply with Union directions as outlined in Article 365.
Financial Emergency (Article 360): This is declared when there is a threat to the financial stability or credit of India or any part of its territory.
About Emergency in India
Suspension of Fundamental Rights during an Emergency was adopted from Weimar Germany's Constitution. The constitutional basis for this is found in Articles 352–360 under Part XVIII of the Constitution. There have been three instances of National Emergency being proclaimed: in 1962 due to Chinese Aggression, in 1971 during the Pakistan war, and in 1975 for an internal emergency.
Proclamation of National Emergency involves several key aspects:
● Authority: The President proclaims it after receiving a written decision from the Union Cabinet.
● Parliamentary Approval: It must be approved by both Houses within one month.
● Duration: Initially valid for six months, it can be extended indefinitely with parliamentary approval every six months, as per the 44th Constitutional Amendment, 1978.
● When Lok Sabha is dissolved: The emergency continues until 30 days after the first sitting of the reconstituted Lok Sabha, provided the Rajya Sabha has approved it.
● Majority Required: A special majority is needed, which is a majority of the total membership plus two-thirds of the members present and voting.
● Revocation: The President can revoke it at any time without parliamentary approval, and the Lok Sabha may disapprove its continuation by a simple majority.
● Centre-State Relations: The Centre may issue executive directions on any subject, Parliament can legislate on the State List (Article 250), and the President may modify revenue distribution.
● Tenure of Legislatures: The Lok Sabha and State Legislative Assemblies may be extended one year at a time, but not beyond six months after the emergency ends.
● Fundamental Rights: The enforcement of Fundamental Rights may be suspended under Article 359, except for Articles 20 & 21.
Major Constitutional Amendments and Reforms During and After Emergency
39th Amendment: Parliament was given the power to decide election disputes.
Shah Commission: Investigated abuses and excesses during the Emergency.
38th Amendment: Prohibited judicial review of the Emergency declaration.
42nd Amendment: Introduced sweeping changes such as prioritizing Directive Principles, limiting judicial powers, and extending the Lok Sabha term.
44th Amendment: Changed "internal disturbance" to "armed rebellion" and reinstated judicial review.
Other Changes brought through 44th Amendment Act (1978):
● Emergency: The Union Cabinet must communicate to the President in writing.
● Parliamentary approval is mandatory within a month by special majority for Emergency Proclamations.
○ The scope of Article 359 is restricted, meaning Article 20 and Article 21 remain enforceable during an emergency.
● Article 358 automatically suspends rights under Article 19 (only applicable for Emergencies due to war or external aggression).
○ The right to property was omitted as a Fundamental Right and made a Constitutional right under Article 300A.
● Removal of Article 257A: This allowed the Government of India to deploy any armed force of the Union or any other force to address any grave situation of law and order in any State.
○ The term of the Lok Sabha was reverted to 5 years from 6 years by amending Articles 83 and 172.
● Judicial review was restored to review election disputes concerning the President and Vice-President.