Types of Emergency

The Constitution provides for three types of Emergency:

National Emergency (Article 352):

-President may proclaim a state of emergency under Article 352 if he satisfies that a emergency exists whereby security of India or any part of the territory is in danger.

-There are mainly three grounds on which emergency can be imposed: War, External aggression, Armed rebellion.

-Union Ministers of Cabinet rank, headed by the Prime Minister, recommend to the President, in writing, that such a proclamation should be issued.

-It shall be laid before both Houses of Parliament, If Parliament does not approve of it within one month, it will become invalid.

-After being ratified by both the houses emergency will last for six months. But it can be extended by the parliament for six month as many times as necessary. Ratification by each house by special majority is required for extension by six months each time.

-So far, there have been three occasions when emergency was proclaimed by the President: 1962 (Chinese aggression), 1971 (Indo-Pakistan war) and 1975 (internal emergency).

Financial Emergency (Article 360):

If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a financial emergency under Article 360. The proclamation in this case also should be approved by Parliament as in the other two cases of emergency.

State Emergency/President Rule (Article 356):

There are times when the state Govt. cannot be carried on in line with the provision of the constitution. Than it may become necessary to proclaim President's rule in the state under such condition.