Emergency Powers
The Unitary Override Switch
PART I — THE THREE PROTOCOLS
ARTICLE 352
National Emergency
- **Grounds:** War, External Aggression, or Armed Rebellion (changed from 'internal disturbance' by 44th Amendment).
- Must be approved by both Houses within 1 month by a **special majority**.
- Converts the federal structure into a unitary one; Union can direct states on *any* matter and legislate on the State List.
ARTICLE 356
State Emergency (President's Rule)
- **Grounds:** Failure of constitutional machinery in a State.
- Approved by simple majority in Parliament within 2 months.
- State Executive is dismissed; State Legislature is suspended/dissolved. President assumes all executive functions of the state.
PART II — ECONOMIC & CONSTITUTIONAL IMPACT
ARTICLE 360
Financial Emergency
- **Grounds:** Threat to the financial stability or credit of India.
- Union can direct states to observe strict financial propriety.
- Can mandate the reduction of salaries of *any* class of persons serving the State or Union, including Supreme Court & High Court Judges.
- (Never imposed in India so far).
ARTICLE 358 & 359
Effect on Fundamental Rights
- **Art 358:** Automatically suspends Article 19 (freedoms) if emergency is due to War/External Aggression (not Armed Rebellion).
- **Art 359:** President can suspend the right to move courts for enforcement of other Fundamental Rights.
- **44th Amendment Shield:** Articles 20 (protection in respect of conviction) and 21 (life and personal liberty) can **never** be suspended.
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