Polity
Emergency Provisions: Articles 352, 356 and 360
The Constitution provides three kinds of emergency: National Emergency (Article 352) for war, external aggression or armed rebellion; State Emergency or President's Rule (Article 356) for failure of constitutional machinery in a state; and Financial Emergency (Article 360), which has never been declared.
Last reviewed 2026-10-15
National Emergency (Article 352)
- Grounds: war, external aggression or armed rebellion. The 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion'.
- Must be approved by Parliament within one month by a special majority, and lasts six months unless renewed.
- Declared in 1962 (China war), 1971 (Pakistan war) and 1975 (internal disturbance).
- During it the Centre can legislate on State subjects, and the right to move courts for Fundamental Rights can be suspended (Article 359), except Articles 20 and 21.
President's Rule (Article 356)
- Imposed when the constitutional machinery in a state fails. Parliament must approve it within two months.
- The maximum duration is three years, with periodic approval every six months.
- In S. R. Bommai v. Union of India (1994) the Supreme Court held that the proclamation is subject to judicial review and that a floor test is the way to test majority.
Financial Emergency (Article 360)
Declared if the financial stability or credit of India is threatened. It has never been proclaimed. It must be approved by Parliament within two months.
Frequently asked questions
How many times has National Emergency been declared in India?
Three times: 1962, 1971 and 1975.
Which case dealt with misuse of Article 356?
S. R. Bommai v. Union of India (1994).
Has a Financial Emergency ever been declared?
No.