Concepts

Emergency Provisions

CAPF wiki1 min read6 sections
At a glance
SubjectPolity

Definition

The provisions in Part XVIII (Articles 352 to 360) that let the Centre assume extraordinary powers during a grave threat to the nation, a State, or financial stability.

Key points

  • National Emergency (Art 352): on grounds of war, external aggression or armed rebellion; "internal disturbance" was replaced by "armed rebellion" by the 44th Amendment, 1978.
  • State Emergency, Art 356: failure of constitutional machinery in a State.
  • Financial Emergency (Art 360): a threat to India's financial stability or credit; never imposed so far.
  • The 44th Amendment, 1978, added safeguards: written Cabinet advice, parliamentary approval within one month, and protection of Articles 20 and 21 even during emergency.
  • During a National Emergency, Fundamental Rights under Article 19 are suspended automatically (only on war or external aggression), and the Centre-State relationship becomes near-unitary.

Why it matters for CAPF

The three types, their Articles, and the 44th Amendment safeguards are core polity and a direct security-versus-rights theme that CAPF emphasises.

Common confusion

National (Art 352), State or President's Rule (Art 356), and Financial (Art 360) emergencies are distinct; Articles 20 and 21 cannot be suspended even during an emergency after 1978.

One-line recall

Art 352 (National), 356 (State), 360 (Financial) emergencies; the 44th Amendment, 1978, added safeguards and shielded Articles 20 and 21.

Parent note

citizenship and emergency provisions

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