Polity · X-Factor Notes
Emergency Provisions revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Basis | Emergency provisions are contained in Part XVIII of the Constitution, spanning Articles 352 to 360. | U.P. P.C.S. (Mains) 2013 |
| Purpose | These provisions enable the Central Government to meet any abnormal situations effectively. | |
| Types of Emergencies | The Constitution stipulates three types of emergencies: (i) National Emergency (Art 352), (ii) State Emergency (President's Rule, Art 356), and (iii) Financial Emergency (Art 360). | U.P. P.C.S. (Mains) 2009, 2014 |
| Union's Duty towards States | Article 355 makes it the duty of the Union to protect States against external aggression and internal disturbance. | UPPCS (Pre) 2001 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Grounds for Declaration | Emergency can be declared if the security of India is threatened by war, external aggression, or armed rebellion. | U.P. P.C.S. (Mains) 2010, U.P.P.S.C. (GIC) 2010, U.P. P.C.S. (Mains) 2017, U.P.U.D.A./L.D.A. (Pre) 2002 |
| Change in Grounds | The original ground 'internal disturbance' was replaced by 'armed rebellion' by the 44th Constitutional Amendment Act, 1978. | U.P.R.O./A.R.O. (Pre) 2016 |
| Historical Declaration |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Suspension of Article 19 | Article 358 provides for the automatic suspension of Fundamental Rights guaranteed by Article 19 if the emergency is declared due to war or external aggression or armed rebillion. | U.P. Lower Sub. (Pre) 2015 |
| Suspension of Enforcement of other FRs | Article 359 allows the President to suspend the right to move any court for the enforcement of other Fundamental Rights. | U.P. P.C.S. (Mains) 2009 |
| Non-Suspension of Rights |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| President's Rule (Art 356) | Imposed in case of failure of Constitutional machinery in the state. The proclamation must be approved by Parliament within two months. | |
| First Use of Art 356 | President’s Rule was imposed for the first time in PEPSU (Patiala and East Punjab States Union) in 1953. | U.P. P.C.S. (Mains) 2010 |
| Critique of Art 356 |
| The National Emergency declared on June 25, 1975, was based on 'internal disturbances'. |
| Parliamentary Approval | The Proclamation must be approved by both Houses of Parliament within one month from the date of its issue. | UPPCS (Pre) 2006, UPPCS (Mains) 2003, 2004 |
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| Extension of Lok Sabha Term | While the proclamation is in place, the life of the Lok Sabha may be extended by Parliament for one year at a time, but not beyond a period of six months after the emergency ceases to operate. | U.P.P.S.C. (GIC) 2010 |
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| Financial Distribution | During a National Emergency, the President can modify the Constitutional distribution of revenues between the centre and the States (Article 354(1)). |
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| The Fundamental Rights guaranteed by Article 20 (protection in respect of conviction for offences) and Article 21 (right to life and personal liberty) cannot be suspended in any case, even during a National Emergency (after the 44th Constitutional Amendment). |
| U.P. P.C.S. (Mains) 2008, U.P. P.C.S. (Mains) 2009, UPPCS (Pre) 2015 |
| K.M. Nambiar stated that the emergency power of the President is a "fraud with the Constitution". |
| UPPCS (Spl) (Mains) 2004 |
| Extension of State Assembly Term (Art 172 Provision) | The term of a State Legislative Assembly can be extended during an Emergency by the Parliament by law. |
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| Financial Emergency (Art 360) | Deals with a situation where the financial stability or credit of India is threatened. |
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| Usage Record of Art 360 | The Financial Emergency has never been implemented (declared) in India so far. | U.P. Lower Sub. (Mains) 2015, U.P. P.C.S. (Mains) 2016, UPPCS (Pre) 2006 |
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| Effect of Financial Emergency | The President can direct states to reduce the salaries and allowances of all or any class of persons, including Judges of the High Courts and Supreme Court. |
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