Effects of Proclamation of Emergency Emergency

Introduction :

      The Constitution of India Provides three types of Emergencies  - National Emergency (Article 352), State Emergency (Article 356), Financial Emergency (Article 360). National Emergency can be declared due to war external aggression or armed rebellion. State Emergency can be declared due to the failure of Constitutional Machinery in States and Financial Emergency can be declared due to the financial stability or credit of India or part of the territory is threatened.  


Effects of Proclamation of Emergency  Emergency: 

       The proclamation of emergency results into serious consequences. It adversely affects the enforcement of Fundamental Rights of the People. The following are the consequences of the Proclamation of Emergency -


1) Executive -         

            While a Proclamation of Emergency is in operation, the executive power of the Union extends to giving of directions to any State as to the manner in which the executive power of the State is to be exercised.  The Constitution (Forty-second Amendment) Act 1976 made a consequential change in Article 353.It provides that the executive power of the Union to give directions under clause (a), and the power to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.

   In normal time, the executive power does not extend to give such direction subject to certain exceptions.


2) Legislative :
        During the operation of Proclamation of Emergency Parliament shall have the power to legislate as regard List II(State List) as well. The emergency does not suspend the State Legislature but suspends the distribution of Legislative powers between the Union and State
                        


3) Financial: Centre empowered to alter distribution of revenue between the Union and the State -

             The President may, while a Proclamation of Emergency is in operation, by order after the financial arrangement between State and the Union as  provided in  Articles 268 to 279 every such order is to be laid before each House of Parliament and will come to an end by the financial year in which the Proclamation of Emergency ceases to operate.


4) Extension Life of Lok Sabha:



        While a Proclamation of Emergency is in operation Parliament may, by law extend the normal life of Lok-Sabha (House of people) for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.


5) Suspension of Fundamental Rights guaranteed by Article 19:


             Article 358 of the Indian Constitution provides for Suspension 6 freedoms guaranteed by to the citizens by Article 19 of the Indian Constitution.


           While a Proclamation of Emergency in operation, nothing in article 19 shall restrict the power of the State to make any law or to take any executive action abridging or taking away the rights guaranteed by Article 19 of the Constitution. It means that as soon as the Proclamation of Emergency is made the freedom guaranteed by Article 19 automatically suspended. When the Proclamation of Emergency cease to operate Article 19 which remains suspended during the emergency, automatically comes into life and begins to operate. 



See also 

1) Modes of Loss of Nationality

2) Difference between Public Interest Litigation and Private Interest Litigation

3) Distinction / Difference between Nationality and Citizenship

4) Under which situations the writ of mandamus will not be granted?

5) Is Law Really Blind ?