NATIONAL EMERGENCY under Constitution

Introduction

The concept of emergency was taken from Germany. In India, the concept of emergency is provided in part 18 of the Indian Constitution from Article352-360. In India there are three types of emergencies:

1. National Emergency
2. State emergency
3. Financial Emergency

Since the Constitution was adopted many amendments have been made in the Constitution to adjust with the changes of the society. In this article we are going to discuss the grounds on which an emergency is declared, how it is approved or revoked, what is the effect of emergency on Fundamental rights and finally what were the amendments made in due course of time.

NATIONAL EMERGENCY

Whenever the President of India feels that country’s security is in danger or any part of India is not safe then he can declare an emergency at that time. But an emergency can only be proclaimed based on these three reasons only:

1. War
2. External Aggression
3. Armed Rebellion

Any other reason cannot be used by the president for proclaiming an emergency. If the emergency is declared on the basis of War and External Aggression then it is called External Emergency but if it declared based on Armed Rebellion it is called Internal Emergency. In India, three emergencies have been imposed till now.

China Attack on India

(October 1962- January 1968)

In October 1962 China declare war against India. Seeing this only the President of India imposed the National Emergency. Under Article-359 of the Indian Constitution, the President also declared that there was the suspension of fundamental rights and nobody could move to court for the enforcement of their fundamental rights. At that particular time, member of opposition party were arrested, more than 220 people basic fundamental rights were infringed and they were tortured. Even after the war was over but the emergency was still imposed, while the emergency was still going on another war of India with Pakistan started.

India-Pakistan War

(April 1965-September 1965)

Just after the India- China war another war, arouse with Pakistan and due to this the emergency continued. To put end to war an agreement was signed up between two countries ‘Tashkent Agreement’. It was a symbol of peace between the countries. And even after the war was over, the agreement was also signed but still emergency continued and people were still suffering from the injustice which the government was doing. After this public campaigns started to happen, international courts were starting to get involved. And finally, in January 1966, the emergency came to an end.

2^nd PROCLAMATION OF EMERGENCY

Soon after the first attack Pakistan again attacked India in December 1971. This time MISA, COFEPOSA and Government Defence of India Rules were adopted. This time again the government misused its power. Many cases of arrest, custodial death and encounters were reported. Cases were filed against the innocents without any proofs. Even after the war was over, government still did not revoke the national emergency and under the MISA act, nobody could move to courts for the enforcement of fundamental rights. And in the meanwhile, the president of India declared the 3^rd emergency was declared.

PROCLAMATION OF 3^RD EMERGENCY

(25 June 1975- 23 March 1977)

President of India declared 3^rd emergency saying that India is having internal disturbances. Actually what happened was that in June 1975, a case was going against Indira Gandhi (Prime Minister) that she was using malpractices in the times of election and finally Allahabad High Court found Indira Gandhi guilty and as a result, she was punished with the punishment that she cannot join any government office for next six years.

Although Indira Gandhi appealed in the Supreme Court as the court was on vacation so she could only temporary stay. In the lure of this only she asked the president to declare an internal emergency. In this emergency, many amendments were made. Fundamental rights were curtailed, opponents were arrested, many government insensitive programs were going on and press censorship was there. Moreover, the decision of president was final. Under the name of MISA act injustice was happening.

This blog is written by Pragya Sharma, Amity University.

Some of her BLOGs,

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