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Part XVIII of the Constitution of India (Articles 352–360) provides for national emergency, President’s rule in States, and financial emergency, detailing grounds, procedures, parliamentary approval and duration controls, effects on Union–State relations, and suspension limits on fundamental rights.
Articles 352 to 360
Proclamation of Emergency.
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Effect of Proclamation of Emergency.
Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
Duty of the Union to protect States against external aggression and internal disturbance
Provisions in case of failure of constitutional machinery in States
Exercise of legislative powers under Proclamation issued under article 356
Suspension of provisions of article 19 during emergencies
Suspension of the enforcement of the rights conferred by Part III during emergencies
Application of this Part to the State of Punjab
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Provisions as to financial emergency
Frequently Asked Questions
When can a National Emergency be proclaimed under Article 352?
A National Emergency may be proclaimed when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion, with written cabinet advice and subsequent parliamentary approval within prescribed timelines.
What are the effects of a National Emergency on Union–State relations?
During a National Emergency, Union executive and legislative power expands (Article 353), certain revenue distribution provisions may be adapted (Article 354), and the federal arrangement functionally shifts toward unitary features.
How are fundamental rights affected during emergencies?
Article 358 suspends the operation of Article 19 during a National Emergency due to war or external aggression, while Article 359 allows suspension of the right to move courts for enforcement of specified Part III rights (with safeguards).
What is President’s Rule under Article 356?
If a State’s constitutional machinery fails, the President may assume functions of the State government subject to parliamentary approval, with legislative powers exercisable under Article 357 during the proclamation period.
What triggers a Financial Emergency under Article 360?
A Financial Emergency may be proclaimed when the financial stability or credit of India or any part thereof is threatened, enabling measures such as directions on financial propriety and possible reduction of certain emoluments.
What parliamentary controls apply to emergency proclamations?
Proclamations must be laid before both Houses and cease unless approved within the constitutionally specified period; continuance requires periodic approvals, and revocation mechanisms are provided.
What is the Union’s duty under Article 355?
Article 355 imposes a duty on the Union to protect States against external aggression and internal disturbance and to ensure governance in accordance with the Constitution.