The Emergency provisions of India are mentioned in Part XVIII (Articles 352–360) of the Constitution of India. These provisions empower the Central Government to deal with extraordinary situations that threaten the security, stability, and financial integrity of the nation.
NDA & CDS 1 2026 Exam GK- Emergency & Judiciary
Types of Emergency
India provides for three types of emergencies:
1. National Emergency (Article 352)
A National Emergency can be declared when the security of India or any part of it is threatened by:
- War
- External Aggression
- Armed Rebellion
The President declares it on the written advice of the Cabinet. The proclamation must be approved by Parliament within one month.
Effects:
- The Centre gets wide powers over states.
- Fundamental Rights under Article 19 are automatically suspended (only in case of war or external aggression).
- The term of Lok Sabha can be extended.
Important Example:
National Emergency was declared in 1962 (China war), 1971 (Pakistan war), and 1975 (Internal Emergency under Indira Gandhi).
2. State Emergency / President’s Rule (Article 356)
It is imposed when the constitutional machinery in a state fails. The President acts on the report of the Governor or otherwise.
Effects:
- State government is dismissed.
- State Legislative Assembly may be dissolved or suspended.
- Parliament assumes legislative powers of the state.
This provision has been used multiple times in Indian political history.
3. Financial Emergency (Article 360)
Declared when India’s financial stability or credit is threatened.
Effects:
- Salaries of government officials, including judges, can be reduced.
- Centre directs states on financial matters.
Note: Financial Emergency has never been declared in India.
INDIAN JUDICIARY
The Indian Judiciary is independent and integrated. It ensures the supremacy of the Constitution and protects Fundamental Rights.
Structure of Indian Judiciary
- Supreme Court (at national level)
- High Courts (at state level)
- Subordinate Courts
Supreme Court of India
The Supreme Court of India is the highest judicial authority in the country.
Composition
- Chief Justice of India
- Other Judges (number decided by Parliament)
Appointment
Judges are appointed by the President under the Collegium System.
Jurisdiction
- Original Jurisdiction (Article 131)
Disputes between Centre and States. - Appellate Jurisdiction
Appeals from High Courts. - Advisory Jurisdiction (Article 143)
President may seek advice. - Writ Jurisdiction (Article 32)
Protects Fundamental Rights.
Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution.
High Courts
High Courts function at the state level. They exercise:
- Original and appellate jurisdiction
- Writ jurisdiction under Article 226
High Courts have wider writ powers compared to the Supreme Court (as they can issue writs for legal rights also).
Judicial Review
Judicial Review is the power of courts to examine the constitutionality of laws and executive actions. It ensures constitutional supremacy.
The landmark case of Kesavananda Bharati v. State of Kerala established the Basic Structure Doctrine, stating that Parliament cannot alter the basic structure of the Constitution.
(Emergency & Judiciary)
1. National Emergency is mentioned under:
(a) Article 356
(b) Article 360
(c) Article 352
(d) Article 368
Answer: (c)
Explanation: Article 352 deals with National Emergency.
2. Financial Emergency has been declared in India:
(a) Once
(b) Twice
(c) Thrice
(d) Never
Answer: (d)
Explanation: It has never been declared so far.
3. President’s Rule is imposed under:
(a) Article 352
(b) Article 356
(c) Article 360
(d) Article 370
Answer: (b)
Explanation: Article 356 deals with State Emergency.
4. During National Emergency, Article 19 is automatically suspended in case of:
(a) Armed Rebellion
(b) Financial Crisis
(c) War or External Aggression
(d) President’s Rule
Answer: (c)
Explanation: Article 19 is suspended only during war or external aggression.
5. The highest judicial body in India is:
(a) High Court
(b) District Court
(c) Supreme Court
(d) Parliament
Answer: (c)
Explanation: Supreme Court is the apex court.
6. Article 32 deals with:
(a) Advisory jurisdiction
(b) Writ jurisdiction of Supreme Court
(c) Financial Emergency
(d) Amendment procedure
Answer: (b)
Explanation: Article 32 allows individuals to approach the Supreme Court for Fundamental Rights.
7. The Basic Structure Doctrine was established in:
(a) Golaknath Case
(b) Minerva Mills Case
(c) Kesavananda Bharati Case
(d) Maneka Gandhi Case
Answer: (c)
Explanation: It was established in 1973.
8. High Courts derive writ powers from:
(a) Article 32
(b) Article 131
(c) Article 226
(d) Article 143
Answer: (c)
Explanation: Article 226 grants writ jurisdiction to High Courts.
9. Which Fundamental Right is called the “heart and soul” of the Constitution?
(a) Article 14
(b) Article 19
(c) Article 21
(d) Article 32
Answer: (d)
Explanation: Dr. Ambedkar called Article 32 the heart and soul.
10. Financial Emergency is related to:
(a) Internal disturbance
(b) Failure of constitutional machinery
(c) Financial stability of India
(d) Armed rebellion
Answer: (c)
11. The President declares National Emergency on:
(a) Advice of Prime Minister alone
(b) Advice of Cabinet in writing
(c) Chief Justice’s recommendation
(d) Parliament’s resolution
Answer: (b)
12. Advisory jurisdiction of Supreme Court is under:
(a) Article 131
(b) Article 32
(c) Article 143
(d) Article 226
Answer: (c)
13. President’s Rule must be approved within:
(a) 14 days
(b) 1 month
(c) 2 months
(d) 6 months
Answer: (c)
Explanation: It must be approved within 2 months.
14. The doctrine that Parliament cannot destroy the basic structure is related to:
(a) Judicial Activism
(b) Judicial Review
(c) Basic Structure Doctrine
(d) Public Interest Litigation
Answer: (c)
15. The independence of judiciary ensures:
(a) Supremacy of Parliament
(b) Supremacy of Constitution
(c) Supremacy of Executive
(d) Supremacy of States
Answer: (b)
