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Indian Constitution

Emergency Provisions

Understand national emergency, state emergency, financial emergency and their impact on federalism and rights.

Crisis powersHighIntermediate

Simple Explanation

Overview

Emergency provisions allow the Union to respond to extraordinary situations, but they also affect federalism, rights and democratic balance.

Articles / Provisions

Key constitutional references

  • Articles 352 to 360

Core Notes

Key points

  • Article 352 deals with National Emergency.
  • Article 356 deals with President’s Rule in states.
  • Article 360 deals with Financial Emergency.
  • Emergency provisions can alter Centre-State relations.
  • Misuse of Article 356 has been limited by judicial review.

Supreme Court Cases

Important cases

S. R. Bommai case, 1994

Limited arbitrary use of Article 356 and strengthened federalism.

Prelims Focus

Prelims pointers

  • Emergency provisions are contained in Part XVIII.
  • Article 356 is related to failure of constitutional machinery in a state.
  • Financial Emergency has never been declared in India.

Mains Focus

Mains angles

  • Use emergency provisions in answers on federalism, civil liberties and constitutional safeguards.
  • Discuss S. R. Bommai case in relation to Article 356.

Practice

Practice questions

  1. 1Emergency provisions reflect both strength and risk in the Indian constitutional system. Discuss.
  2. 2Explain the significance of S. R. Bommai case in protecting federalism.
Emergency Provisions | Indian Constitution for UPSC | Unscripted India