Short Essay on Emergency Provision Under Constitution of India – Three kinds of emergencies are recognized under the Constitution of India. Article 352(1) provides for National emergency to be declared by the President of India if he is satisfied that a grave emergency exists whereby the security of India or any part is threatened.
Article 356 provides for State emergency to be declared by the President, on receipt of report from the Governor of a State if he 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.
During proclamation of emergency, the executive authority of the Union extends to the effect that it could issue directions to any State as to the manner in which the executive power thereof is to be exercised. As soon as a proclamation has been issued, Article 19 is suspended and the power of the legislature and executive is made wider.
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The suspension of Article 19 during the pendency of emergency removes the fetters on the legislature and executive power and if legislative makes laws or the executive commits acts which are inconsistent with the rights guaranteed by Article 19, their validity is not open to challenge either during the continuance of the emergency or thereafter.
Article 358 makes it clear that things done or omitted to be done during emergency cannot be challenged even after emergency is over.
Under Article 359, the rights are not expressly suspended, but the citizen is deprived of his right to move any court for their enforcement. However, access to courts cannot be barred, to enforce the protection of life and liberty under Article 21.
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Proclamation under Article 356 is open to judicial review only when the power is exercised mala fide or is based on wholly extraneous or irrelevant grounds. Third type of emergency is financial emergency.
Article 360 of the Constitution provides for financial emergency to be declared by the President if there is threat to the financial stability of the nation.