Different Kinds Of Emergencies
The Constitution envisages a federal setup of India but recognizes the need for unified action during emergencies. When an Emergency is proclaimed, the freedom of the States is drastically curtailed and the federal government acquires extensive powers. The Constitution speaks of three different kinds of emergencies.
Emergency due to war, etc. (National Emergency)
The President may proclaim an emergency if the security of India or any part of its territory is threatened by war, external aggression or armed rebellion. An emergency may also be declared in anticipation of any of these eventualities. The declaration has to be approved by a special majority of each House of Parliament within a month of its issue. It gets a life of six months from the date it is approved by the two Houses of Parliament. An emergency may be declared either in the whole of India or a part of its territory.
The proclamation enables the Union Government to give directions to the States in any matter. Parliament acquires the authority to legislate on any subject in the State list. During an Emergency, Parliament may extend the life of the Lok Sabha or a State Legislative Assembly beyond its normal five-year term. The extension can be for one year at a time till the Emergency is in force, and upto six months after the emergency has ended.
After an Emergency is proclaimed, the President can modify constitutional provisions on financial relations between the Union and the States. He may suspend the individual’s right to move courts for enforcement of any or all his Fundamental Rights ‘except those provided under Articles 20 and 21. The right to particular freedoms (Article 19) is automatically suspended when the Emergency is declared on the ground of war or external aggression.
Failure of constitutional machinery in a state (President’s rule)
If the President is convinced that the Government of a State cannot be carried on in accordance with the provisions of the Constitution, he can proclaim the failure of the constitutional machinery in the State, assume all functions of the State executive and give to Parliament the powers of the State Legislature.
The proclamation is valid for two months and can be extended for six months at a time by Parliament. Such extensions cannot be granted for more than three years. Even for an extension beyond one year, it is necessary that a proclamation of National Emergency is in operation in the whole or any part of the state: and the Election Commission certifies that elections to the Legislative Assembly of that State are not possible.
Financial emergency
This Emergency is proclaimed when the President is satisfied that the financial stability or credit of India or any part of its territory is threatened. During a financial emergency, the President can order a reduction in the salaries or allowances of public servants belonging to the Union. The federal government can give directions to the States for observing canons of financial propriety. The directions may be for a reduction in the salaries and allowances of public servants of the State and reserving all financial Bills passed by the State Legislature for consideration of the President. The duration of a financial Emergency is two months in the first instance. It can be extended indefinitely, for six months at a time, if approved by Parliament. This type of Emergency has not been proclaimed so far.