60-second revision
- Three emergencies: National (Article 352), President's Rule (Article 356), Financial (Article 360).
- After the 44th Amendment, National Emergency grounds are war, external aggression or armed rebellion, on the Cabinet's written advice.
- National Emergency: approval within one month by special majority; Lok Sabha can revoke it by simple majority.
- President's Rule: approval within two months; maximum three years; S. R. Bommai (1994) made it reviewable.
- Financial Emergency has never been declared.
- Article 368: special majority; federal provisions also need ratification by half the states. No joint sitting; President must assent (24th Amendment).
- Golak Nath (1967): Parliament cannot amend Fundamental Rights; Kesavananda Bharati (1973): it can, but not the basic structure.
- 42nd Amendment (1976) is called the mini-constitution; the 44th (1978) undid many of its changes.
Emergency provisions at a glance
Part XVIII (Articles 352–360) lets the Centre take on sweeping powers in a crisis, turning the federal system almost unitary. The idea of suspending Fundamental Rights during an emergency came from the Weimar Constitution of Germany.
| National Emergency (352) | President's Rule (356) | Financial Emergency (360) | |
|---|---|---|---|
| Grounds | War, external aggression or armed rebellion | Government of a state cannot be carried on as per the Constitution (also Article 365) | Threat to financial stability or credit of India |
| Parliamentary approval | Within one month, special majority | Within two months, simple majority | Within two months, simple majority |
| Duration | Six months at a time, renewable indefinitely | Six months at a time, maximum three years | Indefinite once approved |
| Used | 1962, 1971, 1975 | Many times, first in Punjab in 1951 | Never |
National Emergency (Article 352)
- Can cover the whole country or a part of it, and can be declared even before actual war or aggression if the danger is imminent.
- The 44th Amendment, 1978 replaced "internal disturbance" with "armed rebellion" and required a written recommendation of the Union Cabinet, not just the Prime Minister.
- Approval by each House within one month (earlier two months) by a special majority: a majority of total membership and two-thirds of members present and voting.
- Revocation: the President can revoke it at any time, and must if the Lok Sabha passes a resolution of disapproval by simple majority. One-tenth of Lok Sabha members can demand a special sitting for this, held within 14 days.
- Effects: Parliament can legislate on State List subjects (Article 250); the Lok Sabha's term can be extended one year at a time; Article 358 suspends Article 19 automatically, but only when the emergency is on grounds of war or external aggression; Article 359 lets the President suspend enforcement of other Fundamental Rights except Articles 20 and 21.
The three proclamations were: 1962 (Chinese aggression), 1971 (war with Pakistan) and 1975 (on grounds of internal disturbance, while the 1971 proclamation was still in force).
President's Rule (Article 356)
- Imposed when the President, on the Governor's report or otherwise, is satisfied that the state government cannot function according to the Constitution.
- Approval by both Houses within two months by simple majority; lasts six months and can be extended in six-month steps up to three years.
- Extension beyond one year needs a National Emergency in force and the Election Commission's certificate that elections cannot be held (44th Amendment).
- The state Assembly may be dissolved or kept in suspended animation; Parliament or the President makes laws for the state. The High Court is untouched.
- S. R. Bommai (1994): the proclamation is open to judicial review; the Assembly should not be dissolved before Parliament approves; majority must be tested on the floor of the House; secularism and federalism are basic features.
Financial Emergency (Article 360)
Has never been declared. Once approved within two months by simple majority, it continues until revoked, without repeated approval. The Centre can direct states on financial matters, require Money Bills to be reserved for the President, and order cuts in salaries of all government servants including Supreme Court and High Court judges.
Amending the Constitution (Article 368)
Part XX, Article 368 gives Parliament power to amend by way of addition, variation or repeal. The procedure was borrowed from South Africa. There are three kinds of amendment.
| Type | Examples |
|---|---|
| Simple majority (outside Article 368) | Forming new states or changing boundaries (Articles 2–4), citizenship, creating or abolishing Legislative Councils, quorum, salaries of MPs, Second, Fifth and Sixth Schedules |
| Special majority of Parliament | Fundamental Rights, Directive Principles and all provisions not in the other two groups |
| Special majority plus ratification by half of the state legislatures (simple majority) | Election of the President and its manner, extent of Union and state executive power, Supreme Court and High Courts, distribution of legislative powers, Seventh Schedule, representation of states in Parliament, GST Council, Article 368 itself |
- An amendment bill can be introduced in either House, by a minister or a private member, and needs no prior permission of the President.
- Each House must pass it separately; there is no joint sitting if they disagree.
- The President must give assent; the 24th Amendment, 1971 made this obligatory.
Landmark cases on the amending power
| Case | Held |
|---|---|
| Shankari Prasad (1951) | Parliament can amend Fundamental Rights |
| Golak Nath (1967) | Parliament cannot amend Fundamental Rights; an amendment is "law" under Article 13 |
| 24th Amendment (1971) | Parliament reasserted its power to amend any part, including Fundamental Rights |
| Kesavananda Bharati (1973) | Thirteen-judge bench: Parliament can amend any part but cannot destroy the basic structure |
| Indira Gandhi v Raj Narain (1975) | Free and fair elections are part of the basic structure |
| Minerva Mills (1980) | Limited amending power and judicial review are basic features |
| Waman Rao (1981) | Ninth Schedule laws added after 24 April 1973 are open to basic-structure review |
Amendments exams ask most
| Amendment | Change |
|---|---|
| 1st (1951) | Ninth Schedule; Article 15(4) |
| 7th (1956) | Reorganisation of states; common Governor and High Court |
| 42nd (1976) | Mini-constitution: Socialist, Secular, Integrity in Preamble; Fundamental Duties; subjects to Concurrent List |
| 44th (1978) | Property no longer a Fundamental Right; "armed rebellion" replaces "internal disturbance" |
| 52nd (1985) | Anti-defection law (Tenth Schedule) |
| 61st (1988) | Voting age reduced from 21 to 18 |
| 73rd and 74th (1992) | Panchayats and municipalities |
| 101st (2016) | Goods and Services Tax |
| 103rd (2019) | Up to 10% reservation for economically weaker sections |
| 106th (2023) | One-third of seats in Lok Sabha and state Assemblies reserved for women, effective after delimitation following the next census |
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