Emergency provisions: Articles 352, 356 and 360
Part XVIII of the Constitution holds the Emergency Provisions. NCERT warns that they "can turn our federal polity into a highly centralised system once emergency is declared". In this lesson you will learn the Proclamations of Articles 352, 356 and 360, how long each lasts without Parliament's approval, and which Fundamental Rights an Emergency can and cannot touch (Articles 358 and 359).
Guess first
Start with the best-known emergency article.
Guess first: which article provides for a Proclamation of Emergency when the security of India is threatened by war, external aggression or armed rebellion?
Show answer
Correct answer: A
Article 352 is titled "Proclamation of Emergency". Under Article 352(1), the President may make such a Proclamation if satisfied that "a grave emergency exists" threatening the security of India "by war or external aggression or armed rebellion".
Option B: Article 356 is for the failure of constitutional machinery in States.
Option C: Article 360 is the financial emergency.
Option D: Article 368 is the power of Parliament to amend the Constitution.
Hint: It opens Part XVIII.
An everyday picture
Think of the fire alarm and the emergency switches of a large building.
The emergency articles work like a building's emergency switches:
Fire alarm for the whole building Article 352
war, external aggression or armed rebellion: a Proclamation of Emergency
Taking over one flat that has stopped working Article 356
the President takes over a State whose government cannot be carried on under the Constitution
Freezing the building's accounts Article 360
the financial stability or credit of India is threatened
The building committee must confirm Parliament
one month for Article 352; two months for Articles 356 and 360
The picture has one limit: an alarm can be pressed by anyone. Article 352(3) lets the President proclaim an Emergency only after the decision of the Union Cabinet "has been communicated to him in writing".
See it: the three Proclamations side by side
| Proclamation | When | Approval by both Houses of Parliament within |
|---|---|---|
| Article 352: Proclamation of Emergency | the security of India is threatened by war or external aggression or armed rebellion | one month |
| Article 356: failure of constitutional machinery in States | the Government of a State cannot be carried on in accordance with the Constitution | two months |
| Article 360: financial emergency | the financial stability or credit of India is threatened | two months |
NCERT: "One of the most controversial articles in the Constitution is Article 356, which provides for President's rule in any State."
One month for war, two months for the rest: Article 352 needs approval within one month; Articles 356 and 360 within two months.
Find the rule
Three quick checks on the emergency articles.
NCERT says that a certain article "provides for President's rule in any State". Which article?
Show answer
Correct answer: C
NCERT: "One of the most controversial articles in the Constitution is Article 356, which provides for President's rule in any State." Its title: "Provisions in case of failure of constitutional machinery in States".
Option A: Article 352 is the Proclamation of Emergency, for war, external aggression or armed rebellion.
Option B: Article 360 is the financial emergency.
Option D: Article 355 is the duty of the Union to protect States against external aggression and internal disturbance.
Hint: Its title speaks of the failure of constitutional machinery in States.
Which article lets the President proclaim an emergency when the financial stability or credit of India is threatened?
Show answer
Correct answer: D
Article 360(1): if the President is satisfied that "the financial stability or credit of India" is threatened, he may by a Proclamation make a declaration to that effect.
Option A: Article 352 is for war, external aggression or armed rebellion.
Option B: Article 356 is for the failure of constitutional machinery in States.
Option C: Article 359 suspends the enforcement of Part III rights during an Emergency.
Hint: It is the last article of Part XVIII (Part XIX begins with Article 361), titled "Provisions as to financial emergency".
A Proclamation of Emergency under Article 352 ceases to operate unless both Houses of Parliament approve it within what period?
Show answer
Correct answer: A
Article 352(4): every Proclamation shall "cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament".
Option B: Two months is the period for Articles 356 and 360.
Option C: Six months is how long an approved Proclamation under Article 352 lasts before it must be continued (Article 352(5)).
Option D: One year is the limit of a resolution under Article 249, on State List matters in the national interest.
Hint: The war-time Proclamation gets the shortest period.
Name it: who proclaims, and who confirms
The rule: The President issues all three Proclamations: Article 352 (war, external aggression or armed rebellion), Article 356 (failure of constitutional machinery in a State) and Article 360 (financial emergency). Parliament must approve them: within one month for Article 352, within two months for Articles 356 and 360.
Article 358: during an Emergency declared on war or external aggression, "nothing in article 19 shall restrict the power of the State". Article 359: the President may suspend the right to move any court for Part III rights, "except articles 20 and 21".
Worked, half-done, solo
Question
A Governor reports that the government of his State cannot be carried on in accordance with the Constitution. What happens under Article 356, and for how long can the Proclamation stand without Parliament?
Solution
- Who acts
The President, "on receipt of a report from the Governor" of the State or otherwise, if satisfied that the State's government "cannot be carried on in accordance with the provisions of this Constitution".
- What he can do
By Proclamation he may "assume to himself all or any of the functions of the Government of the State"; NCERT calls this President's rule.
- The time limit
Article 356(3): the Proclamation ceases "at the expiration of two months" unless both Houses of Parliament approve it.
Answer: The President may proclaim President's rule under Article 356; without Parliament's approval it lapses after two months.
Watch out: the Article 352 Emergency has a shorter limit, one month.
Now finish one that is half done.
Half done: Article 359 lets the President suspend the right to move any court for the enforcement of Part III rights during an Emergency. The text adds "(except articles 20 and 21)". Which pair can never be suspended this way?
Show answer
Correct answer: A
Under Article 359(1), the President's order can suspend the right to move any court only for the rights "conferred by Part III (except articles 20 and 21)". So Article 20 (conviction for offences) and Article 21 (life and personal liberty) stay enforceable.
Option B: Article 19 is not among the exceptions; and under Article 358, during an Emergency declared on war or external aggression, Article 19 does not restrict the power of the State.
Option C: Article 14 is not among the exceptions of Article 359.
Option D: Article 22 is not among the exceptions of Article 359.
Hint: One of them protects life and personal liberty.
And one on your own.
Which article says that, during an Emergency declared on war or external aggression, nothing in Article 19 shall restrict the power of the State?
Show answer
Correct answer: B
Article 358 is titled "Suspension of provisions of article 19 during emergencies".
Option A: Article 359 suspends the enforcement of Part III rights by the President's order, except Articles 20 and 21.
Option C: Article 352 is the Proclamation of Emergency itself.
Option D: Article 19 lists the freedoms of citizens; it does not suspend itself.
Hint: Its title names Article 19.
The traps
- One month or two: Article 352 needs approval within one month; Articles 356 and 360 within two months.
- Armed rebellion: Article 352(1) now says armed rebellion; the 44th Amendment Act, 1978 put it in place of "internal disturbance".
- Articles 20 and 21: an order under Article 359 cannot suspend them.
- Article 358 or 359: Article 358 is about Article 19; Article 359 is about enforcing Part III rights in court.
- Cabinet in writing: under Article 352(3), the President acts on the Union Cabinet's decision communicated in writing.
Neha wrote: "An Emergency under Article 352 can be declared on the ground of internal disturbance." Which words does Article 352(1) use in place of "internal disturbance" since the 44th Amendment?
Show answer
Correct answer: A
Footnote 1 to Article 352(1) says the words were "Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37" for the words internal disturbance. The words put in their place are "armed rebellion".
Option B: External aggression was a ground before and after the 44th Amendment; it did not replace internal disturbance.
Option C: War was a ground before and after the 44th Amendment.
Option D: The financial stability or credit of India is the ground of Article 360, not Article 352.
Hint: The new words name a rebellion that uses weapons.
Mixed check
An order under Article 359 cannot touch Article 21. What does Article 21 protect?
Show answer
Correct answer: A
Article 21 is titled "Protection of life and personal liberty": "No person shall be deprived of his life or personal liberty except according to procedure established by law."
Option B: Freedom of speech and expression is Article 19(1)(a).
Option C: Equality before law is Article 14.
Option D: The right to education is Article 21A.
Hint: Article 21 begins with the words "No person shall be deprived of his life".
Quick reference
Emergency Provisions: Part XVIII
- Article 352
- Proclamation of Emergency war, external aggression or armed rebellion; approval within one month
- Article 352(3)
- before proclaiming the Union Cabinet's decision, communicated in writing
- Article 352(5)
- once approved lasts six months unless revoked; can be continued
- Article 356
- failure of constitutional machinery in a State President's rule (NCERT); approval within two months
- Article 358
- during an Emergency on war or external aggression Article 19 does not restrict the State
- Article 359
- suspending the right to move courts for Part III rights never Articles 20 and 21
- Article 360
- financial emergency financial stability or credit threatened; approval within two months
- 44th Amendment Act, 1978
- in Article 352 armed rebellion in place of internal disturbance
Why it works: the President acts fast in a crisis, and Parliament must confirm within a fixed time.
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