Context (IE): On June 25, 2024, India marked fifty years since the National Emergency (1975-1977), a period of suspended civil liberties, restricted press freedom, widespread arrests, and postponed elections.
The Aftermath of the National Emergency in India (1975)
Political Transformation
The 1977 elections saw four major opposition parties merge into the Janata Party, forming a united front against Congress and resulting in India’s first non-Congress government.
44th Constitutional Amendment Act, 1978
It reversed many constitutional changes enacted by the 42nd Amendment Act 1976.
The amendment restricted the President’s power to proclaim a National Emergency under Article 352, requiring written advice from the Cabinet and parliamentary approval within a month.
It limited the duration of emergency to 6 months unless approved by a special majority in Parliament.
It restored judicial review of emergency proclamations.
It limited grounds for an emergency to armed rebellion, war, andexternal aggression.
It limited the period of the President’s Rule (Article 356) in states to one year, extendable by six months with parliamentary approval.
The Shah Commission Report
It was established by the Janata government to investigate the emergency’s imposition and its effects.
The commission’s report was highly critical, finding the decision to be unilateral and leading to a violation of civil liberties during the emergency period.
During National Emergency
Parliament can extend the Lok Sabha’s term by one year at a time.
The central government gains power to legislate on state subjects.
The President can modify constitutional provisions on financial resource allocation between the centre and states with parliamentary approval.
President’s Rule
President’s Rule, also known as State Emergency, is a provision under Article 356 of the Constitution.
It allows the central government to take direct control of a state when the state government is unable to function according to constitutional provisions (on receipt of a report from the Governor of a state).
The President can assume all or any of the functions of the state government.
Important Provisions
President’s Rule can be imposed for six months initially. It can be extended for a maximum of three years with the approval of Parliament every six months.
Both Houses of Parliament must approve the imposition of the President’s Rule within two months.
The President can revoke the proclamation at any time. If the Lok Sabha rejects the continuation of the President’s Rule, it must be revoked.
The state assembly is suspended or dissolved during the President’s Rule.
Judicial Interventions and Commission Recommendations
S.R. Bommai Case (1994): The Supreme Court ruled that imposition is subject to judicial review and recommended a floor test for the government majority.
88th Amendment (2003): Inserted a new clause (4) in Article 361, giving immunity to the Governor for the exercise of powers under Article 356.
Sarkaria Commission (1988): Use the President’s Rule sparingly and issue a warning before imposition.
Punchhi Commission (2010): Recommended a time-bound response from the President and non-dissolution of the state assembly before parliamentary approval.
Article 365 provides additional grounds for the President to invoke Article 356.
If a state government fails to comply with or implement directions given by the central government under constitutional provisions, it can lead to the imposition of the President’s Rule.
