Grounds For Invocation Of Emergency
- IJLLR Journal
- Feb 6
- 2 min read
Rewa Sharma & Jash Shah, O.P. Jindal Global University
Emergency- For the people or the politicians?
The term ‘Emergency’ according to Black’s Law Dictionary, is any situation requiring immediate attention and remedial action.
Introduction
What does "emergency" mean in the context of a country? Is it simply an act of war, a threat to the government, or a state of chaos? What precisely constitutes an emergency? These questions highlight the complexity of the term, proves that there is no one solid definition of emergency but various situations that can be put under this umbrella. Situation which encompasses various scenarios that can disrupt the normal functioning of governance and society can come under it. Understanding the nuances of what defines an emergency is essential for analysing the implications of governmental responses and the balance between state authority and individual rights during critical situations.
“All writers of the Constitution of India are unanimous that there are three kinds of emergency as provided in our Constitution and these are (a) National Emergency (Article 352), (b) Failure of constitutional machinery in States (Article 356) and (c) Financial Emergency (Article 360).”
Article 352 of the Indian Constitution empowers the President to declare a National Emergency in response to threats to the nation's security due to war, external aggression, or armed rebellion. Article 356 provides the mechanism for declaring a State Emergency, allowing the President to intervene when a state government is unable to function effectively, based on reports from the Governor. Lastly, Article 360 addresses the declaration of a Financial Emergency, permitting the President to act if convinced that India's financial stability is at risk, again relying on the Governor's assessment. Notably, Article 360 has never been invoked. Together, these provisions outline the constitutional framework for managing exceptional circumstances, reflecting the balance between central authority and state autonomy in India’s federal structure.
