Emergency Provision: A Unitary Feature of the Constitution
Emergency Provisions: A Unitary Feature of the Constitution
The Indian Constitution is primarily federal in structure but has unitary features. One of the strongest unitary features is the Emergency provisions under Part XVIII (Articles 352–360).
Types of Emergencies under the Constitution
National Emergency (Article 352)
Can be proclaimed on the grounds of:
War,
External aggression, or
Armed rebellion (earlier “internal disturbance” before the 44th Amendment).
Effect:
Parliament gains power to make laws on any subject, including State List.
Fundamental rights under Article 19 can be suspended.
States come under central control, weakening federalism.
State Emergency / President’s Rule (Article 356)
Triggered when the constitutional machinery in a State fails.
Parliament can assume State legislative powers, and the State comes under direct Union control.
Effect:
Centralization of power in hands of the Union.
Governor acts as an agent of the Union.
Financial Emergency (Article 360)
Can be proclaimed if the financial stability of India or any part of it is threatened.
Effect:
Central government can direct States to observe financial discipline.
Salaries of government employees can be reduced, including Judges and armed forces.
Unitary Features Imposed by Emergency Provisions
Supremacy of the Union
During emergencies, the Union government assumes maximum power, overriding the federal structure.
State Autonomy Suspended
State List subjects come under Parliament’s jurisdiction.
Governors act as agents of the Union.
Fundamental Rights Restriction
Certain fundamental rights can be suspended, showing central dominance.
Federalism Shifted Towards Unitarism
During emergency, India becomes highly centralized, showing the unitary feature of the Constitution.
Judicial Interpretation / Case Law
1. State of Bihar v. Kameshwar Singh (1952)
Observation:
The Court emphasized that during an emergency, Parliament has sweeping powers even over State subjects.
Demonstrates unitary shift during crises.
2. Indira Gandhi v. Raj Narain (1975) – Emergency Context
Observation:
The proclamation of National Emergency under Article 352 affects both Union and States.
Parliament can legislate on any subject, including those in the State List, overriding federalism.
3. S. R. Bommai v. Union of India (1994)
Observation:
The Supreme Court examined Article 356 and President’s Rule.
Even though emergency gives unitary powers, its imposition is subject to judicial review.
States retain their identity, but central control is paramount during emergency.
4. A. K. Gopalan v. State of Madras (1950)
Observation:
Judicial recognition that emergency powers can curtail fundamental rights, reflecting unitary tendencies.
Key Takeaways
| Feature | Explanation |
|---|---|
| Constitutional Articles | 352 (National), 356 (State), 360 (Financial) |
| Effect on Federalism | Federal structure becomes unitary during emergencies |
| Central Powers | Parliament can legislate on State subjects; States under Union control |
| Rights | Fundamental rights may be restricted/suspended |
| Judicial Oversight | Courts can review misuse, but emergency powers remain largely centralized |
| Key Cases | S. R. Bommai (1994), Indira Gandhi v. Raj Narain (1975), State of Bihar v. Kameshwar Singh (1952) |
Summary
Emergency provisions showcase unitary features because they allow the Union government to override State powers.
They are exceptional powers to maintain the integrity, sovereignty, and stability of the nation.
While India remains quasi-federal in normal times, emergencies make it unitary in practice, with centralized control over States, finances, and rights.
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