SSC Polity Emergency Provisions PPT Slides (LEC #21)

This article covers SSC Polity LEC #21 – Emergency Provisions (आपातकालीन प्रावधान), part of the Complete Foundation Batch PPT Series at slideshareppt.net. Emergency Provisions (Part XVIII, Articles 352–360) are among the most important topics for SSC CGL, CHSL, CPO, and MTS exams. Questions are asked on all three types of emergencies, the 44th Amendment, Articles 358 and 359, historical emergencies, S.R. Bommai Case, and what happens to Fundamental Rights during emergencies.

PPT Details

Field	Details
PPT Title	SSC Polity Emergency Provisions PPT Slides (LEC #21)
Subject	Polity – Emergency Provisions (आपातकालीन प्रावधान)
Series	Complete Foundation Batch for All SSC and Other Exams (PPT Series)
Total Slides	104 PPT Slides
File Size	29 MB
Serial Number	#77
Lecture	LEC #21
Format	PowerPoint (.pptx) + PDF
Target Exams	SSC CGL, SSC CHSL, SSC MTS, SSC CPO, SSC GD, SSC Steno
Website	slideshareppt.net

SSC Polity Emergency Provisions PPT Slides (LEC #21)

Note: Above is PPT in GOOGLE SLIDES (HTML AND IFRAME COMBINATION) and if you wish to download the Complete SSC series (PPT slides), Simply visit this redirect page – REDIRECT PAGE.

1. Emergency Provisions – Introduction

• Part XVIII of the Constitution (Articles 352–360) contains Emergency Provisions
• Emergency provisions convert India’s federal structure into a unitary one during crises
• Three types of Emergency: (1) National Emergency (Art 352), (2) President’s Rule / State Emergency (Art 356), (3) Financial Emergency (Art 360)
• Emergency provisions are considered necessary to protect the Constitution and national integrity during extreme situations
• However, they can also be misused – the 1975 Emergency is India’s darkest constitutional chapter
• 44th Amendment 1978 added safeguards to prevent misuse of emergency powers

2. Three Types of Emergency – Complete Comparison Table

Feature	National Emergency (Art 352)	President’s Rule (Art 356)	Financial Emergency (Art 360)
Grounds	War, external aggression, armed rebellion	Failure of constitutional machinery in a state; Governor’s report OR President’s own satisfaction	Financial stability or credit of India or any state or any part is threatened
Proclaimed by	President on written advice of Union Cabinet	President	President
Cabinet recommendation	Written recommendation of Cabinet mandatory (44th Amendment 1978)	Not required – President can act on Governor’s report or own satisfaction	Not required explicitly
Parliamentary approval	Both Houses; special majority (2/3 members present+voting AND majority of total membership); within 1 month	Both Houses; simple majority; within 2 months	Both Houses; simple majority; within 2 months
Duration	6 months at a time; renewed by Parliament	6 months at a time; maximum 3 years	No maximum limit; continues as long as Parliament approves
Can LS disapprove?	Yes – Lok Sabha can pass resolution by simple majority to revoke; special sitting can be called by 1/10 of LS members	No specific provision for LS revocation	No specific provision
Effect on states	Centre can legislate on State List; Art 19 suspended; President’s Rule may follow	State administration taken over by Centre; legislature suspended/dissolved	Centre can direct states to reduce salaries; reserve money bills for President
Effect on FR	Art 19 auto-suspended during war/external aggression (Art 358); President can suspend other FRs by order (Art 359) EXCEPT Arts 20 & 21	Fundamental Rights NOT suspended	Fundamental Rights NOT suspended
Maximum duration	No limit (renewed every 6 months with parliamentary approval)	3 years (6 months at a time; beyond 1 year needs additional conditions)	No limit (renewed with parliamentary approval)
Historical use	3 times: 1962, 1971, 1975	Multiple times (50+ times)	Never imposed

3. National Emergency – Article 352 (Most Important for SSC)

Feature	Details
Constitutional Article	Article 352
Grounds	War; External Aggression; Armed Rebellion (changed from ‘Internal Disturbance’ by 44th Amendment 1978)
Who proclaims	President of India
Pre-condition	Written recommendation of Union Cabinet (44th Amendment 1978; earlier only PM’s advice was required)
Parliamentary approval	Both Houses must approve within 1 month by: 2/3 of members present and voting AND majority of total membership of each House (special majority)
Duration of each approval	6 months; Parliament must renew every 6 months with same special majority
Can Parliament revoke?	Yes – Lok Sabha can pass a resolution by simple majority to revoke National Emergency (not Rajya Sabha alone)
Special Lok Sabha sitting	If 1/10 of LS members give written notice to Speaker (or President if LS not in session), a special sitting must be called within 14 days to consider revocation
Effect on Article 19	Article 19 (6 freedoms) automatically suspended during emergency due to war/external aggression (Article 358); NOT during armed rebellion emergency
Effect on other FRs	President can suspend enforcement of other FRs by order under Article 359, EXCEPT Articles 20 and 21 (which can NEVER be suspended)
Effect on Centre-State relations	Parliament can legislate on State List subjects; Centre can give executive directions to states on any matter
Effect on tenure of LS	Lok Sabha’s term can be extended by Parliament by one year at a time during emergency
Rajya Sabha role	Rajya Sabha cannot be dissolved – it is permanent; must also approve emergency proclamation

Grounds for National Emergency – Article 352

• War – armed conflict between India and another country
• External Aggression – attack by a foreign power without formal declaration of war
• Armed Rebellion – internal armed uprising (word changed from ‘internal disturbance’ by 44th Amendment 1978)
• ‘Imminent danger’ of war, external aggression, or armed rebellion is also sufficient to proclaim emergency – President need not wait for actual occurrence

Effect of National Emergency on Centre-State Relations

• Parliament can make laws on subjects in the State List (Article 353)
• Centre can give executive directions to states on any matter (not just matters in Union List)
• President can modify provisions relating to distribution of revenues between Centre and states (Article 354)
• Lok Sabha’s term can be extended by Parliament one year at a time (Article 83)
• State Legislative Assembly’s term can also be extended one year at a time

4. President’s Rule – Article 356

Feature	Details
Constitutional Article	Article 356
Common name	President’s Rule / Central Rule / Governor’s Rule / State Emergency
Grounds	Governor’s report that state’s government cannot be carried on in accordance with constitutional provisions; OR President’s own satisfaction
Article 355 connection	Article 355 imposes duty on Centre to ensure state governments are carried on per Constitution – this is the basis for Art 356
Parliamentary approval	Both Houses by simple majority; within 2 months of proclamation
Duration	Maximum 3 years; each renewal for 6 months requires fresh parliamentary approval
Beyond 1 year condition	After 1 year of President’s Rule: extension needs (i) National Emergency in operation in whole India or part of state, AND (ii) Election Commission certifies elections cannot be held in the state
Effect on state	State legislature dissolved or suspended (at President’s discretion); Governor administers state on behalf of President; Parliament legislates for state
State legislature dissolution	President may dissolve state legislature or keep it under suspended animation
Revival of state government	If President’s Rule revoked, suspended legislature can be reactivated
First imposition	PEPSU (Patiala and East Punjab States Union) in 1951 – first state to have President’s Rule
Most frequent imposition	Uttar Pradesh (10+ times)
S.R. Bommai Case 1994	(i) President’s Rule subject to judicial review; (ii) State assembly not to be dissolved until Parliament approves; (iii) Floor test should be conducted before President’s Rule; (iv) Secularism is basic structure – communal governments can face Art 356
44th Amendment 1978 safeguards	President’s Rule proclamation must be approved by Parliament before President can dissolve state assembly

Safeguards Against Misuse of Article 356

Safeguard	Details
Parliamentary approval required	Both Houses must approve within 2 months; prevents indefinite imposition without legislative sanction
Maximum 3-year limit	President’s Rule cannot last beyond 3 years even with repeated parliamentary renewals
Beyond 1 year – special conditions	Extension beyond 1 year needs National Emergency operating + EC certification that elections cannot be held
Subject to judicial review	S.R. Bommai Case 1994 – courts can examine if imposition was constitutionally valid
Floor test before imposition	S.R. Bommai Case – Governor must allow ruling party to prove majority before recommending President’s Rule
Assembly not dissolved immediately	44th Amendment – assembly not dissolved until Parliament approves the proclamation; prevents irreversible step
Lok Sabha revocation power	Simple majority in Lok Sabha can revoke the President’s Rule proclamation
Grounds narrowed by courts	Courts can check if the grounds mentioned by Governor are relevant and reasonable

5. Articles 358 and 359 – Effect on Fundamental Rights

Article	Name	Application	What It Does	Limitations
Article 358	Suspension of Article 19 during emergencies	ONLY during emergencies due to War or External Aggression (NOT armed rebellion)	Article 19 (6 freedoms) automatically suspended – State can make laws and take executive action abridging these rights	Automatic restoration when emergency ends; does not suspend right to move courts for other FR violations
Article 359	Suspension of enforcement of other FRs	During any National Emergency (war, external aggression, OR armed rebellion)	President can issue order suspending right to move any court for enforcement of specified FRs (other than Arts 20 and 21)	Articles 20 and 21 can NEVER be suspended even by Article 359 order; suspension is not automatic – needs Presidential Order

Most Important Points for SSC Exams

• Articles 20 and 21 can NEVER be suspended – not even during National Emergency
• Article 19 is suspended automatically during emergency due to war or external aggression (Art 358) – NOT for armed rebellion emergency
• For other FRs: President must issue a specific order under Art 359 to suspend enforcement
• Art 359 suspension: suspends the RIGHT TO MOVE A COURT – not the Fundamental Right itself
• Article 32 (right to move SC) and Article 226 (right to move HC) can be suspended under Art 359
• But Art 32 itself CANNOT be suspended during President’s Rule (Art 356) – only under Art 359 during National Emergency

6. Financial Emergency – Article 360

• Grounds: President is satisfied that the financial stability or credit of India, or of any part of its territory, is threatened
• Proclaimed by President; approved by both Houses by simple majority within 2 months
• No maximum duration – continues as long as Parliament approves every 6 months
• Effect: (1) Centre can direct states to reduce salaries of all persons serving in connection with affairs of a state; (2) Reserve money bills and financial bills of states for President’s consideration; (3) Can reduce salaries of persons serving in connection with Union affairs, including judges of SC and HCs
• Financial Emergency has NEVER been proclaimed in India’s history (as of 2024)
• Financial Emergency borrowed from the US Constitution

7. Key Constitutional Amendments on Emergency Provisions

Amendment	Year	Change to Emergency Provisions
38th Amendment	1975	Made President’s satisfaction in proclaiming emergency final and non-justiciable (done during Emergency; later undone)
42nd Amendment	1976	Extended emergency; made amendments to weaken safeguards; called ‘Mini-Constitution’
44th Amendment	1978	Most important: (1) Changed ‘internal disturbance’ to ‘armed rebellion’ in Art 352; (2) Made written Cabinet recommendation mandatory; (3) Made both Art 20 and 21 non-suspendable under Art 359; (4) Made President’s Rule subject to judicial review; (5) Special session provision for revoking emergency; (6) Restored safeguards undone by 38th and 42nd Amendments

44th Amendment 1978 – Most Important for SSC

• Passed by the Janata government after the end of the 1975–77 Emergency
• Purpose: to prevent misuse of emergency powers as happened during 1975 Emergency
• Changed ‘internal disturbance’ to ‘armed rebellion’ in Article 352 – narrower and harder to invoke
• Written recommendation of Cabinet mandatory – President cannot declare emergency on PM’s advice alone
• Provision for special LS sitting: 1/10 of LS members can force a special meeting within 14 days to discuss revocation
• Articles 20 and 21 made absolutely non-suspendable – even Presidential Order under Art 359 cannot touch them
• Restored judicial review of emergency proclamation – President’s satisfaction is not final and absolute

8. History of Emergency Proclamations in India

Emergency	Date Proclaimed	Grounds	PM	Revoked On	Key Events
1st National Emergency	26 Oct 1962	External Aggression – China attacked (Sino-Indian War)	Jawaharlal Nehru	10 Jan 1968	Revoked 6 years after end of actual war; overlapped with 2nd emergency
2nd National Emergency	3 Dec 1971	External Aggression – Pakistan attacked (Bangladesh Liberation War)	Indira Gandhi	21 Mar 1977	India won; Bangladesh created; Pakistan surrendered 16 Dec 1971
3rd National Emergency (Internal)	25 Jun 1975	Internal Disturbance (now ‘armed rebellion’)	Indira Gandhi	21 Mar 1977	Most controversial; press censorship; political opponents jailed; 20-point programme; JP Movement preceded it; known as ‘The Emergency’
President’s Rule – PEPSU	1951	Political instability	—	—	First ever President’s Rule in any state
Financial Emergency	Never proclaimed	—	—	—	Article 360; never used in 75+ years of Constitution

The 1975 Emergency – Key Facts for SSC

• Proclaimed on 25 June 1975 – most controversial use of Emergency powers
• Grounds: ‘Internal Disturbance’ – based on Allahabad HC judgment setting aside Indira Gandhi’s election (1975)
• Jayaprakash Narayan (JP) had launched a mass movement against the government
• Constitutional basis: Article 352 (internal disturbance – now changed to ‘armed rebellion’)
• Consequences: Press censorship; mass arrests of opposition leaders; suspension of Fundamental Rights; 20-point programme announced
• Revoked on 21 March 1977; elections called; Janata Party won; Indira Gandhi lost
• 44th Amendment 1978 was enacted specifically to prevent such misuse in future

also read: SSC Polity Official Languages PPT Slides (LEC #20)

9. Article 355 – Duty of Union

• Article 355: It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution
• Article 355 is the enabling provision for Article 356 – President’s Rule is justified under Article 355
• S.R. Bommai Case held that Art 355 does not give Centre unlimited power to dismiss state governments
• Article 355 is also the basis for Centre’s power to deploy central forces in a state

10. Sarkaria Commission and Punchhi Commission on Emergency Provisions

Sarkaria Commission (1988)

• Article 356 should be used as a last resort; all alternative measures must be exhausted before imposition
• Governor must give state government an opportunity to meet the challenge
• Centre should warn the state government before imposing President’s Rule
• The President should take advice of the Governor with caution as Governor may be partisan

Punchhi Commission (2010)

• Article 355 and 356 should be amended
• Localized emergency should be possible – impose President’s Rule on parts of a state rather than whole state
• ‘Provisions of this Constitution’ in Art 355 should be defined more precisely
• Governor should not act on political considerations while recommending President’s Rule

11. Quick Revision Fact Table – Emergency Provisions

Fact	Detail
Part XVIII of Constitution	Articles 352–360 – Emergency Provisions
Article 352	National Emergency – war, external aggression, armed rebellion
Article 353	Effect of National Emergency – Parliament can legislate on State List; Centre-State executive relations change
Article 354	Application of revenue distribution provisions during emergency
Article 355	Duty of Union to protect states and ensure constitutional governance
Article 356	President’s Rule in states
Article 357	Exercise of legislative powers under Article 356
Article 358	Suspension of Article 19 during National Emergency (war/external aggression only)
Article 359	Suspension of enforcement of other FRs during National Emergency (except Art 20 and 21)
Article 360	Financial Emergency
44th Amendment 1978 – key change 1	‘Internal disturbance’ changed to ‘armed rebellion’ in Art 352
44th Amendment 1978 – key change 2	Written Cabinet recommendation mandatory before President proclaims National Emergency
44th Amendment 1978 – key change 3	Articles 20 and 21 cannot be suspended even by Art 359 Presidential Order
38th Amendment 1975	Made President’s satisfaction final; non-justiciable – reversed by 44th Amendment
National Emergency duration per approval	6 months; special majority of Parliament required each time
President’s Rule duration per approval	6 months; simple majority; maximum 3 years
Financial Emergency duration	No maximum; continues with parliamentary approval
S.R. Bommai Case 1994	President’s Rule subject to judicial review; floor test required; secularism basic structure
PEPSU – first President’s Rule	1951 – Patiala and East Punjab States Union
Arts 20 & 21	Can NEVER be suspended – even during National Emergency; strongest FRs

12. Key Takeaways for SSC Exams

• Part XVIII (Articles 352–360) – Emergency Provisions
• Article 352 – National Emergency: war, external aggression, armed rebellion; special majority; 1 month approval
• Article 356 – President’s Rule: simple majority; 2 months approval; maximum 3 years
• Article 360 – Financial Emergency: simple majority; 2 months approval; NEVER imposed
• 44th Amendment 1978: ‘internal disturbance’ → ‘armed rebellion’; Cabinet written recommendation mandatory
• 44th Amendment: Arts 20 & 21 can NEVER be suspended; special LS sitting for revocation
• Art 358: Art 19 automatically suspended during war/external aggression emergency (NOT armed rebellion)
• Art 359: President can suspend enforcement of other FRs by order EXCEPT Arts 20 & 21
• Arts 20 & 21 are ABSOLUTELY PROTECTED – cannot be suspended under any emergency
• S.R. Bommai Case 1994: President’s Rule subject to judicial review; floor test required before dissolution
• 3 National Emergencies: 1962 (China), 1971 (Pakistan), 1975 (Internal) – all by Indira Gandhi’s govt
• Financial Emergency NEVER imposed in India’s history
• PEPSU 1951: first ever President’s Rule; UP: most frequent
• 38th Amendment 1975: made emergency unjusticiable – reversed by 44th Amendment 1978.