Part 18 of Indian Constitution, Articles, Amendments, Case Laws

Part 18 of Indian Constitution deals with Emergency Provisions. These provisions enable the Union to assume extraordinary powers during situations that threaten the security, stability, or financial integrity of the nation. The framers of the Constitution included these provisions to protect the sovereignty and unity of India in times of grave crisis. 

Part 18 contains three types of emergencies: National Emergency under Article 352, State Emergency or President’s Rule under Article 356, and Financial Emergency under Article 360.

Part 18 of Indian Constitution Related Articles 

Part 18 of Indian Constitution contains Articles 352 to 360, which deal with different types of emergencies and related constitutional powers.

• Article 352 – Proclamation of National Emergency
• Article 353 – Effect of Proclamation of Emergency
• Article 354 – Application of provisions relating to distribution of revenues during Emergency
• Article 355 – Duty of the Union to protect States
• Article 356 – Provisions in case of failure of constitutional machinery in States (President’s Rule)
• Article 357 – Exercise of legislative powers under proclamation of Emergency
• Article 358 – Suspension of provisions of Article 19 during National Emergency
• Article 359 – Suspension of enforcement of Fundamental Rights during Emergency
• Article 360 – Provisions relating to Financial Emergency

Article 352 National Emergency

• Article 352 empowers the President to proclaim a National Emergency if satisfied that the security of India or any part thereof is threatened by war, external aggression, or armed rebellion. 
• Originally, the expression used was “internal disturbance,” but this was replaced by “armed rebellion” by the 44th Constitutional Amendment Act, 1978 to prevent misuse.
• A proclamation must be approved by both Houses of Parliament within one month. 
• Once approved, it remains in force for six months and can be extended with parliamentary approval. 

Article 353 Effect of Proclamation of Emergency

Article 353 provides that during a National Emergency, the executive power of the Union extends to directing any State, and Parliament gains the power to legislate on subjects in the State List.

Article 354 Application of Provisions Relating to Distribution of Revenues

This Article allows the President to modify constitutional provisions relating to the distribution of financial resources between the Union and the States during a National Emergency.

Article 355 Duty of the Union to Protect States

Article 355 imposes a duty on the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the Constitution.

Article 356 Failure of Constitutional Machinery in States

Article 356 provides for President’s Rule in a State if the President is satisfied that the governance of the State cannot be carried on in accordance with the Constitution. The President may assume the functions of the State government and dissolve or suspend the State Legislative Assembly.

The proclamation must be approved by Parliament within two months and can continue for six months at a time, subject to constitutional limits.

Article 357 Exercise of Legislative Powers Under Proclamation

Article 357 enables Parliament to confer legislative powers of the State Legislature on the President or any other authority during President’s Rule.

Article 358 Suspension of Provisions of Article 19

Article 358 provides that when a National Emergency is declared on the ground of war or external aggression, the freedoms guaranteed under Article 19 are automatically suspended for the duration of the Emergency. The 44th Amendment restricted this automatic suspension only to emergencies declared on the grounds of war or external aggression and not armed rebellion.

Article 359 Suspension of Enforcement of Fundamental Rights

Article 359 empowers the President to suspend the right to move courts for enforcement of specified Fundamental Rights during a National Emergency. However, after the 44th Amendment, rights under Articles 20 and 21 cannot be suspended even during an Emergency.

Article 360 Financial Emergency

Article 360 provides for the declaration of Financial Emergency if the financial stability or credit of India or any part thereof is threatened. During such an Emergency, the Union may issue financial directions to States, and salaries of government officials, including judges, may be reduced. Notably, no Financial Emergency has been declared in India so far.

Part 18 of Indian Constitution Related Constitutional Amendments

All the constitutional amendments related to Part 18 of Indian Constitution have been discussed below.

38th Constitutional Amendment Act, 1975 

• It made the President’s satisfaction in declaring an Emergency final and beyond judicial review. 

42nd Constitutional Amendment Act, 1976 

• It is often called the “Mini Constitution” because it expanded the powers of the central government during emergencies. 
• It extended the duration of President’s Rule from six months to one year in certain situations and strengthened Union authority during crises. 
• Proclamation of a National Emergency may be applicable to the entire country or part of it.

44th Constitutional Amendment Act, 1978 

• It replaced the term “internal disturbance” with “armed rebellion” in Article 352 to reduce the possibility of arbitrary emergency declaration. 
• It also made it mandatory that the President can proclaim Emergency only on the written advice of the Cabinet.
• Parliamentary approval of National Emergency under Article 352 was originally required within two months, but the 44th Constitutional Amendment Act, 1978 reduced this period to one month.
• Originally, the proclamation of National Emergency required approval by Parliament by a simple majority, but the 44th Constitutional Amendment Act, 1978 introduced the requirement of a special majority for approval and continuation of Emergency to strengthen parliamentary control and prevent arbitrary use of emergency powers.
• Originally, once a National Emergency was approved by Parliament, it could remain in force for an indefinite period at the discretion of the executive, but the 44th Constitutional Amendment Act, 1978 provided that the Emergency can be continued indefinitely only with parliamentary approval every six months.
• The President must revoke the emergency if Lok Sabha passes a resolution disapproving its continuation. (Earlier Lok Sabha had no role in revocation). 1/10th of Lok Sabha members need to give written notice to the speaker or president (if LS is not in session). A special session is held within 14 days to consider such a resolution.
• It also introduced the provision that the Lok Sabha can pass a resolution disapproving the continuation of the Emergency by a simple majority, which will result in its immediate termination.
• The President cannot suspend the right to move the court for the enforcement of Fundamental Rights under Article 20 & 21.
• Beyond one year, the president’s rule can be extended by 6 months at a time only if following conditions are met: If a national emergency is in operation in whole India or any part of the state or If the Election Commission certifies that elections cannot be held due to difficulties.
• Six Fundamental Rights under Art.19 can be suspended only when National Emergency is declared on the grounds of “war or external aggression” and not the ground of “armed rebellion”. Only those laws which are related to emergency are protected from judicial review and no other laws.

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Part 18 of Indian Constitution Related Case Laws

• In Kesavananda Bharati v. State of Kerala (1973), although not directly about Emergency, the Supreme Court evolved the Basic Structure doctrine, which later acted as a safeguard against misuse of Emergency provisions.
• In A.D.M. Jabalpur v. Shivkant Shukla (1976), popularly known as the Habeas Corpus case, the Supreme Court held that during Emergency the right to move courts for enforcement of Article 21 could be suspended; this judgment was widely criticised and later effectively overruled in spirit by the 44th Amendment and subsequent constitutional jurisprudence.
• In Minerva Mills v. Union of India (1980), the Supreme Court emphasised that limited government and judicial review are part of the basic structure of the Constitution, thereby restricting excessive Emergency powers.
• In S.R. Bommai v. Union of India (1994), the Court held that the imposition of President’s Rule under Article 356 is subject to judicial review and cannot be used arbitrarily for political purposes.
• In Rameshwar Prasad v. Union of India (2006), the Court reaffirmed that proclamations under Article 356 are subject to judicial scrutiny.