The Constitution of India provides for three types of emergencies:
- National Emergency (Article 352): This is declared when the President is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion.
- President’s Rule (Article 356): This is imposed when the President is satisfied that a state government cannot be carried on in accordance with the provisions of the Constitution.
- Financial Emergency (Article 360): This is declared when the President is satisfied that the financial stability or credit of India is threatened.
The President can declare an emergency only on the advice of the Union Cabinet. The emergency powers of the President are wide-ranging and include the power to suspend the Constitution, to declare martial law, and to take any other measures that he deems necessary to meet the emergency.
The emergency powers of the President are subject to judicial review. The Supreme Court has the power to strike down an emergency declaration if it finds that it is not justified.
The emergency provisions of the Constitution have been used on several occasions, most notably during the Indo-Pakistani War of 1971 and the Emergency of 1975-77. The use of emergency powers has been controversial, and there have been calls for the Constitution to be amended to make it more difficult for the President to declare an emergency.