Notes on Emergency provisions in Indian constitution

 The emergency provisions in the Indian Constitution are critical mechanisms that allow the government to respond to extraordinary situations threatening the country's security, integrity, or financial stability. These provisions are outlined in Part XVIII of the Constitution, specifically in Articles 352 to 360. The provisions enable the central government to assume greater powers, often at the expense of state autonomy and individual rights.

 Types of Emergencies

There are three primary types of emergencies recognized in the Indian Constitution:

1. National Emergency (Article 352)

Print Page

Leading Supreme Court judgment on Judicial review over power of President to impose state emergency under Article-356 of Indian constitution

 The power of the President of India to impose a state emergency under Article 356 of the Indian Constitution is indeed subject to judicial review, a principle established by the Supreme Court in the landmark case of S.R. Bommai v. Union of India (1994). This case is pivotal in understanding the constitutional limitations on the President's power to impose President's Rule in a state, thereby rejecting the doctrine of political question.

Background of the Case

Article 356 allows the President to impose President's Rule in a state if the President, on receipt of a report from the Governor of the state or otherwise, is satisfied that the governance in the state cannot be carried out according to the provisions of the Constitution. This power has often been misused for political reasons, leading to its invocation in situations where it may not have been warranted.

The S.R. Bommai case arose from the dismissal of several state governments in 1989-1991 by the Central Government, invoking Article 356, on the grounds that they had lost their majority or were acting against the secular principles of the Constitution.

Print Page