c



 
      

The Emergency Provisions are mentioned from Article 352 to Article 360 of the Indian Constitution. Below is
the list of all the Articles of the Indian Constitution containing the Emergency Provisions: ?

p? á 
 Proclamation of Emergency - due to external intrusion or war the President of India
can declare a state of emergency through a Proclamation. This Article suggests that such a
Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of
the Cabinet ministers to issue such a proclamation must be sent to the President in written form
prior to his issuance of the same. According to the Article, all such Proclamations should be
presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution,
will be counted as ineffective after one month. If the Proclamation is not accepted after the passing
of a second resolution, then it will become ineffective after the expiry of 6 months of the second
resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of
the Parliamentary Houses should be required to pass a resolution. There are certain rules specified
in this Article regarding the President revoking or issuing a varied Proclamation during Emergency. ?
p? á 
 Effect of Proclamation of Emergency - this Article states that the Proclamation of
Emergency includes extending the executive power of the union to the states in the form of
directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers
or authorities of the Union.
p? á 
 Application of provisions relating to distribution of revenues while a Proclamation of
Emergency is in operation - provisions made under Articles 268 to 279 can be modified or
exceptions can be made by the President of India by an Order while the Proclamation period of
emergency is going on. Information about all such Orders must be conveyed to both the Houses of
Parliament.
p? á 
 Duty of the Union to protect States against external aggression and internal
disturbance - this Article states the fact that the Union or Center is solely responsible for defending
the various states from all types of violence and aggressions erupting from outside and disturbances
occurring within the nation's territory.
p? á 
 Provisions in case of failure of constitutional machinery in States - the President of
India can take charge of a state if the reports submitted to him by the Governor suggest that the
government of the state has become incapable of exercising the Constitutional powers. The
President is also subjected to exercise the powers of the government of such state by Proclamation.
The Proclamation issued under such circumstances become ineffective after 6 months from the date
of issuance, if not revoked during this time period. All such Proclamations have to be presented to
both the Houses of Indian Parliament and will expire after two months. The Legislative powers of
such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain
rules and regulations regarding the expiry of the Proclamation and the time period normally
depends upon the fact whether it has been revoked earlier or not.
p? á 
 Exercise of legislative powers under Proclamation issued under article 356 - the
powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament
has the right to delegate Legislative powers to the President of India or any such authority. The
President of India, after the Proclamation of Article 356, can make laws and shall have access to the
consolidated fund during the time period when the House of the People is not in operation.
p? á 
 Suspension of provisions of article 19 during emergencies - any provision under Article
19 will not be effective during emergency and the states can make law and undertake executive
action. However, only those laws and executive actions containing recital related to emergency
during the Proclamation of Emergency are effective as per the Article.
p? á 
 Suspension of the enforcement of the rights conferred by Part III during emergencies
- the President of India can suspend all ongoing proceedings in any court of the nation during
emergencies by an Order. The President can also call upon all pending court proceedings in case of
emergencies. All such orders declaring the suspension of court proceedings have to be submitted to
both the Houses of Parliament.
p? á 
á Repealed - amendment has been done under the constitution Act 1989
p? á 
 Provisions as to financial emergency - a declaration shall be made by the President of
India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such
a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The
Proclamation thus issued will become null and void after two months if the same is not approved
through a resolution passed by the Houses of Parliament. In case the Houses are not in session the
Article suggests certain specific guidelines regarding the Proclamation. This Article also includes
 provisions relating to the salary and allowance reduction of those who are employed with Union and
state departments. A provision relating to money bills and other financial bills passed by the state
Legislature is mentioned in the Article. This provision states that all such bills have to be considered
by the President during financial instability.

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The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article
330 to Article 342, the special provisions have been clearly indicated. Below is a detailed list of all the
special provisions relating to certain classes: ?

p? á 
 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
People - this Article states that a certain number of seats should be reserved in the House of the
People for both the Schedule Castes and Schedule Tribes. However, clause b of the Article includes
Schedule Tribes excluding those who live in the autonomous districts of Assam. Clause c of the
Article includes the Schedule Tribes belonging to the autonomous Assam districts. It is also
mentioned in this Article that the total number of such seats assigned to the Schedule Tribes of
autonomous Assam districts should match the total number of seats allotted in the House of the
People. The seats alloted to the Schedule Castes and Schedule Tribes of a particular state or Union
Territory should be proportional to the total number of seats reserved for such state or Union
Territory in the house of the People. ?
p? á 
! Representation of the Anglo-Indian Community in the House of the People - it is
specified in this Article of the Indian Constitution that the President of India has the sole right to
elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire
community.
p? á 
 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assemblies of the States - This Article of the Constitution states that a definite number of seats in
every state's Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes.
The Schedule Castes and Schedule Tribes of the autonomous districts of Assam are also given seats
in the Legislative Assembly. It is also specified that a person not belonging to the Schedule Tribes
category of Assam state cannot contest the Legislation Assembly election from any of the
constituencies of the districts of the state. Also, all areas outside the periphery of the districts of
Assam should not hold any constituency of the Legislative Assembly of the Assam state. The total
seats alloted to the state Legislative Assembly of Assam should be in proportion of the total
population and the share of the SC/ST in such population.

As per Article332, the number of seats alloted to the SC/STs of a state should follow a proportion to the
total number of seats assigned in the Assembly as the total population of the SC/STs in that state with
respect to the total state population.

In case of such states as Nagaland, Mizoram, Meghalaya and Arunachal Pradesh, as per the Constitution Act
1987, if all the seats of the Legislative Assembly after the first census of 2000, belong to the Schedule
Tribes, then only one seat shall be alloted to other communities. Also, the total number of seats alloted to
the Schedule Tribes shall not be less than the existing number of seats in the Assembly of the state.

The Article suggests that the the total number of seats of Schedule Tribes in the Legislative Assembly of
Tripura state should be proportional to the total number of existing seats in the Assembly. As per the
Constitution Act 1992, the number of the Schedule Tribe members in the Legislative Assembly of Tripura
shall not be less than the total number of seats already available in the Assembly. ?

p? á 
 Representation of the Anglo-Indian community in the Legislative Assemblies of the

States - according to this Article of the Constitution of India if the Governor of any state thinks it
necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of
that state then he can do the same. Also, if the governor feels that Anglo-Indian community does
not have sufficient representation in the state Legislative Assembly then also he can elect one
member of that community for the Assembly.?
p? á 
Reservation of seats and special representation to cease after 289A - This Article holds
the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall
become ineffective. However, it is also specified that the Article will not be applied until and unless
 the House of the People or the Legislative Assembly gets dissolved because of some significant
reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian
community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative
Assembly.
p? á 
Claims of Scheduled Castes and Scheduled Tribes to services and posts - The Article
states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded
accordingly. Relaxation of age, lower cut off marks and easier parameters of evaluation for the
purpose of selecting SC/ST candidates to different posts and services will remain intact irrespective
of the provisions mentioned in this Article.
p? á 
Special provision for Anglo-Indian community in certain services - as per this Article,
for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-
Indian community will be selected, for the first two years of the initiation of the Constitution,
following the rules prevailing before 15th August, 1947. It is also specified that in every two years
the total number of seats allotted to the Anglo-Indian community in different services and posts will
go down by 10%. The Article states that these provisions will become ineffective after 10 years of
the enactment of the Indian Constitution. However, clause 2 of this Article clearly mentions that if a
candidate of the concerned community is eligible for any post other than the ones mentioned above
then he will be selected with immediate effect.
p? á 
Special provision with respect to educational grants for the benefit of Anglo-Indian
community - the provisions of this Article deal with the fact that grants to the Anglo-Indian
community shall be offered in the first three years of the enactment of the Constitution following
the same rules made on 31st March 1948. It is also stated that the amount of such grants will
reduce by 10% in every three succeeding years. It is mentioned that after 10 years of the initiation
of the Constitution of India all such grants will cease to exist. Moreover, the Article states that only
when at least 40% of the admissions in educational units belong to communities other than Anglo-
Indians, such grants will be offered to the said community.
p? á 
National Commission for Scheduled Castes and Scheduled Tribes - This Article covers
the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and
Schedule Tribes. As per the Constitution of India, the Article holds that the Commission should
include a Chairperson, Vice-Chairperson and other members all of whom are elected by the
President of India. The Commission, according to the Article, has the power to investigate all
matters that are related to the safeguard of the Sc/STs. The commission can also exercise its power
by summoning any person from any part of the nation to interrogate him regarding a particular
issue of the SC/STs. The Commission shall also take necessary measures to improve the socio-
economic status of the Schedule Castes and Schedule Tribes. A report specifying whether the
safeguards of the ST/SCs are maintained properly shall be submitted to the President of India every
year by the Commission.
p? á 
Control of the Union over the administration of Scheduled Areas and the welfare of
Scheduled Tribes - the Article suggests that a Commission specifying the administration of
Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10
years of the Indian Constitution's enactment. The various procedures and powers of the commission
are to be included in the said Order. Planning and execution of various schemes pertaining to the
development of the Schedule Tribes included in the executive power of the Union is also mentioned
in the Article.
p? á 
Appointment of a Commission to investigate the conditions of backward classes - this
Article specifies that the President of India can form a Commission by Order that will look into the
overall condition of the people belonging to the backward classes. This Commission is also supposed
to recommend any state or union the necessary steps through which the underprivileged classes
can improve their social and economic status. On the basis of the investigation done, the
Commission shall submit a report to the President of India. The President, in turn, shall present
such report with a memorandum to both of the Houses of the Indian Parliament and will prescribe
the necessary steps to be taken to develop the condition of the backward classes.
p? á 
!Scheduled Castes - this Article states that the President of India after taking the
advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or
castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution.
The president can do the same by issuing a public notification. However, the Parliament of India
can, by law, accept or reject the list containing the Scheduled Caste groups.
p? á 
Scheduled Tribe - a group belonging to a tribe or an entire tribal community of a state
or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a
public notice. The President consults with the Governor of the concerned state or Union Territory
before specifying a tribe as Scheduled Tribe. The Parliament of India can decide upon canceling or
 keeping the particular ST in the list of Scheduled Tribes. However, the public notification issued for
declaration of the Scheduled Tribe can be saved by the Parliament.