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Part XVIII is a compilation of laws pertaining to the Constitution of India as a country and the union of states that it is made of. This part of the constitution consists of Articles on Emergency Provisions. [1]
Part XVIII of the Indian constitution envisages the following three emergencies:
This article as enacted by the Constituent Assembly of India provides the president with powers to declare a state of emergency in the nation if he/she is satisfied that the stability and integrity of India is threatened by either external aggression or armed rebellion. This power can only be exercised on the advice of the prime minister and his council of ministers. [2]
This article allows the central government to override the seventh schedule of the constitution (dealing with the differentiation of subjects between the central and state government). It also allows the president to prolong the life of the Lok Sabha one year at time. [3]
Article 354 empowers the central government to make funding allocations within the centre-state financial arrangements besides those stated in Article 268–279. [3]
Article 355 places duties on the central government to protect states against "external aggression and internal disturbances" and to ensure that the governance of all states is in accordance with the constitution. [3] [4] This article is often used in conjunction with Article 356 to declare President's Rule in a state. The Supreme Court of India has opined that the Article does not provide any independent source of power other than those provided in Articles 356 and 357. [4]
This article allows the President, on receipt of a report from the Governor of a State or otherwise, to declare a state of Emergency if he/she is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. [5]
Provisions for State Governance and State funding by the President or Parliament and making laws to be enforced during the state of Emergency. [5]
Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6 January 1990)
On Provisions as to financial emergency.
The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
The Constitution of India is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens, based on the proposal suggested by M. N. Roy. It is the longest written national constitution in the world.
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Part XVIII of the Constitution of India allows for a constitutional setup that can be proclaimed by the President of India as a state of emergency, when the consultant group perceives and warns against grave threats to the nation from internal and external sources or from financial situations of crisis. Under Article 352 of the Indian constitution, upon the advice of the cabinet of ministers, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the federation. In the history of independent India, such a state of emergency has been declared three times.
In India, President's rule is the suspension of state government and imposition of direct Union government rule in a state. Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants not native to the state.
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S. R. Bommai v. Union of India is a landmark decision of the Supreme Court of India, where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations. The judgement attempted to curb blatant misuse of Article 356 of the Constitution of India, which allowed President's rule to be imposed over state governments. S. R. Bommai, former Chief Minister of Karnataka, is widely remembered as the champion for this landmark judgment of the Supreme Court of India, considered one of the most quoted verdicts in the country's political history.
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Part I—The Union and Its territories is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of.
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