Emergency Provisions

📚 This topic overlaps across exams — read our in-depth, shared write-up: Article 352 vs Article 356 →

📖 Three types of Emergency

Part XVIII of the Constitution (Articles 352-360) provides for three distinct emergencies, each with different grounds, procedures, and effects.

National Emergency (Article 352)

Can be proclaimed on grounds of war, external aggression, or armed rebellion. It has been invoked only three times: 1962 (India-China war), 1971 (India-Pakistan war), and 1975 (internal disturbance — the controversial "Emergency" period). After the widely criticised 1975-77 Emergency, the 44th Amendment, 1978 replaced the vague ground of "internal disturbance" with the stricter term "armed rebellion."

President's Rule / State Emergency (Article 356)

Imposed when the President is satisfied that a state's government cannot be carried on in accordance with the Constitution. For decades, this was used liberally and often for political reasons — this changed after the Supreme Court's landmark ruling in S.R. Bommai v. Union of India (1994), which made the exercise of Article 356 subject to judicial review and required a floor test in the Assembly to prove loss of majority.

Financial Emergency (Article 360)

Can be proclaimed if the financial stability or credit of India (or part of it) is threatened. Notably, this has never been invoked in India's history.

💡 Key Facts

National Emergency (Art 352) invoked 3 times: 1962, 1971, and 1975.
44th Amendment (1978) replaced "internal disturbance" with "armed rebellion" as a ground for National Emergency.
S.R. Bommai (1994) made Article 356 (President's Rule) subject to judicial review.
Financial Emergency (Article 360) has never been invoked.

🔖 60-Second Revision

3 emergencies: National (352), State/President's Rule (356), Financial (360).
National Emergency grounds: war, external aggression, armed rebellion.
1975 Emergency misuse → 44th Amendment tightened the grounds.
S.R. Bommai (1994) → Art 356 now subject to judicial review + floor test.
Financial Emergency: never used so far.