📑 Topics on this page (Jump to Topic):
📌 1. Three Types of Emergency
| Point | National (352) | President's Rule (356) | Financial (360) |
|---|---|---|---|
| Grounds | War, external aggression, armed rebellion | Failure of constitutional machinery in a state (Governor's report or otherwise); Art. 365 | Threat to financial stability/credit of India |
| Approval | 1 month; special majority | 2 months; simple majority | 2 months; simple majority |
| Duration | Indefinite, approval every 6 months | 6 months at a time, max 3 years (conditions after 1 year) | Indefinite, no renewal once approved |
| Used | 3 times: 1962 (China), 1971 (Pakistan), 1975 (internal disturbance) | 100+ times; first Punjab 1951 | Never |
- Art. 358: in war/external aggression emergencies Art. 19 is suspended automatically (not for armed rebellion). Art. 359: President may suspend enforcement of other FRs — except 20 and 21.
- During national emergency: LS term extendable 1 year at a time (up to 6 months after it ends); Parliament can legislate on State List (Art. 250).
- Revocation: by the President anytime; or if LS passes a disapproval resolution by simple majority (1/10 members can demand a special sitting — 44th).
- Financial emergency: Centre may give financial directions to states; salaries incl. SC/HC judges may be cut; state money bills reserved for the President.
⚠️ Exam Traps:
- National emergency — "special majority, 1 month"; the other two — "simple majority, 2 months".
- Under President's rule the assembly is suspended or dissolved; no effect on the High Court.
📌 2. 44th Amendment & Bommai
- 44th Amendment (1978): "internal disturbance" → "armed rebellion"; written advice of the Cabinet required; approval 2 months → 1 month, special majority; Art. 20-21 protected; re-approval every 6 months.
- The 38th Amendment (1975) had barred judicial review of emergency; the 44th removed this.
- S.R. Bommai (1994): Art. 356 use is judicially reviewable; majority to be tested on the floor of the House; secularism is basic structure; assembly only suspended, not dissolved, until both Houses approve.
- 25 June declared "Samvidhan Hatya Diwas" (2024) to mark the 1975 Emergency.
- Ambedkar hoped Art. 356 would remain a "dead letter".
📌 3. Practice MCQs
📝 Practice MCQs (prepared by SF Prep — not PYQs)
Q1. National emergency is proclaimed under which Article? Practice
Correct answer: (A)
Art. 352.
Art. 352.
Q2. Financial emergency is under which Article? Practice
Correct answer: (B)
Art. 360 — never used so far.
Art. 360 — never used so far.
Q3. How many times has national emergency been proclaimed in India? Practice
Correct answer: (C)
1962, 1971, 1975.
1962, 1971, 1975.
Q4. Within what time must Parliament approve a national emergency proclamation? Practice
Correct answer: (C)
After the 44th Amendment, 1 month, by special majority.
After the 44th Amendment, 1 month, by special majority.
Q5. What is the maximum duration of President's rule? Practice
Correct answer: (D)
In 6-month spells, maximum 3 years.
In 6-month spells, maximum 3 years.
Q6. Which amendment replaced "internal disturbance" with "armed rebellion"? Practice
Correct answer: (A)
44th Amendment 1978.
44th Amendment 1978.
Q7. Which Articles cannot be suspended during a national emergency? Practice
Correct answer: (B)
Protected by the 44th Amendment.
Protected by the 44th Amendment.
Q8. Which case curbed misuse of Art. 356 and required a floor test? Practice
Correct answer: (A)
Bommai case, 9-judge bench.
Bommai case, 9-judge bench.
Q9. Which Article is automatically suspended in an emergency on grounds of war or external aggression? Practice
Correct answer: (C)
Under Art. 358, Art. 19 is suspended automatically (not for armed rebellion).
Under Art. 358, Art. 19 is suspended automatically (not for armed rebellion).
Q10. By what majority is President's rule approved by Parliament? Practice
Correct answer: (D)
Simple majority, within 2 months.
Simple majority, within 2 months.
Q11. In which state was President's rule first imposed? Practice
Correct answer: (B)
Punjab, 1951.
Punjab, 1951.
Q12. On what ground was the third national emergency (1975) declared? Practice
Correct answer: (B)
25 June 1975 — internal disturbance.
25 June 1975 — internal disturbance.
Q13. By what majority does LS pass a resolution disapproving a national emergency? Practice
Correct answer: (C)
After the 44th Amendment, by simple majority.
After the 44th Amendment, by simple majority.
Q14. Whose written advice does the President need to proclaim a national emergency? Practice
Correct answer: (D)
After the 44th, written advice of the Cabinet.
After the 44th, written advice of the Cabinet.
Q15. What is possible during a financial emergency? Practice
Correct answer: (A)
Art. 360(4) — salaries including judges' may be reduced.
Art. 360(4) — salaries including judges' may be reduced.
Q16. Which amendment had made the emergency proclamation immune from judicial review (later removed)? Practice
Correct answer: (D)
The 38th (1975); removed by the 44th.
The 38th (1975); removed by the 44th.
Q17. Article 365 relates to: Practice
Correct answer: (A)
Non-compliance with Union directions lets the President hold that constitutional machinery has failed.
Non-compliance with Union directions lets the President hold that constitutional machinery has failed.
Q18. In which year was the first national emergency proclaimed? Practice
Correct answer: (B)
Chinese aggression, October 1962.
Chinese aggression, October 1962.
Q19. On which day is "Samvidhan Hatya Diwas" observed? Practice
Correct answer: (C)
25 June, marking the 1975 Emergency (declared 2024).
25 June, marking the 1975 Emergency (declared 2024).
Q20. During a national emergency, under which Article can Parliament legislate on State List subjects? Practice
Correct answer: (C)
Art. 250.
Art. 250.