List of national emergencies in India
Introduction –
An emergency is a situation which arises due to failure of the government machinery which causes or demands immediate action from the authority.
According to the Black Law’s Dictionary, “Emergency is a situation which requires quick action and immediate notice as such a situation causes a threat to the life and property in the nation. It is a failure of the social system to deliver reasonable conditions of life”
Emergency provisions are contained in part – XXVIII of our Indian constitution. The president has only power to impose emergency in any part of our country in case of if India is threatened by war, external aggression and armed rebellion. For the security of India, the president of India can proclaim emergency.
Types of emergency:-
- National emergency (Article – 352)
- State emergency (Article – 356)
- Financial emergency (Article – 360)
National emergency:-
Article – 352 of Indian constitution deals with proclamation of emergency or National emergency. If the president feels that security of india or any part of our country is in danger or threatened either by war, external aggression and armed rebellion. There are three grounds on which national emergency can be imposed. i.e.
- War
- External aggression
- Armed Rebellion
National Emergency has been imposed three times in India so far. Brief description of the emergencies are as follows –
- First emergency –
> china attack on India
> Time period – 26 Oct 1962 to Jan 1968
The president imposed national emergency on the ground of External aggression. here external aggression means when a country attacks by another country without any formal declaration of war. After declaring of emergency, leaders of opposition party and members of various party arrested by police on the ground of against the national interest.
After some days in 1962, the war was ended between India and china. but national emergency was continued. during the first emergency, the war between India and Pakistan was started in April 1965. but still first emergency was continued and emergency was creating problems and also burden on the people. so, the people started Campaign and people demanded to revoke the emergency. From this appeal , the president of India revoked the first emergency on Jan 1968.
2. second Emergency:-
> war between India and Pakistan
> Time period – December 3, 1971, to March 21, 1977
The president of India imposed 2nd national emergency on 3rd December 1971. For the security of India many acts were adopted by the government (i.e MISA Act, COFE POSA act, Govt. Defense of India rule ). And these three acts comes under the preventive detention act. and from these acts center becomes more powerful. So they misuse this act( means they arrested , custodial death and encounter the people without any reasons). In 1974 the president (Mr V.V. Giri) said that for the security of India, No can go court for the enforcement of fundamentals rights. The reason was the same as above i.e. external aggression.
3. Third emergency:-
During the third emergency, The president of india proclaim the third emergency on the ground of internal disturbance.
Reason behind the 3rd emergency:-
> Before 3rd emergency, Allahabad high court gave the judgement on election petition that Indira Gandhi is guilty of corrupt practices and court said that that you are disqualified from the public office and next 6 year, you will not hold any public office.
>Indira Gandhi appealed in Apex court. After the order of Supreme court , Opposition demanded resignation from Indira Gandhi. On 25 June 1974, without meeting of council of minister, Indira Gandhi sends a letter of emergency. Then the president proclaims the emergency.
