Part 18 of Indian Constitution: Emergency Provisions & President Rule

Part 18 of Indian Constitution lays down the emergency provisions, empowering the central government to respond effectively during extraordinary situations. Encompassed in Articles 352 to 360, these provisions include national, state and financial emergencies. They are structured to safeguard the integrity of the nation and governance by enabling swift and decisive action when normal constitutional processes fall short. Explore other Constitutional Articles.

Part 18 of Indian Constitution Overview

Part 18 of Indian Constitution covers Article 352 to Article 360 and sets out emergency provisions and allows India’s federal system to act as a unified whole during crises. Dr. B. R. Ambedkar highlighted this flexibility as a unique feature and enables the Centre to take control in national emergencies. Emergencies require immediate government action and can limit certain rights excluding those under Article 20 and Article 21 of the Constitution to protect stability and public order. There are three types of emergencies: 

• Article 352: National Emergency for war or rebellion
• Article 356: State Emergency for when a state government fails
• Article 360: Financial Emergency for financial instability

During such times, the Centre can override state powers, control finances and suspend some fundamental rights to ensure security. These provisions balance the need for strong authority with democratic values and preserves unity of India without undermining constitutional democracy. 

Download 5 key take aways on Part 18 of Indian Constitution Free PDF

Part 18 of Indian Constitution specifies the framework for emergency governance in the country. It encompasses Articles 352 to 360, detailing the procedures and powers invoked during national, state and financial emergencies. Following is a brief overview of the components in Part 18 of Constitution:

Several landmark judgments have shaped the interpretation and application of the emergency provisions under Part XVIII of the Indian Constitution. The following cases highlight the scope of judicial review and constitutional safeguards during emergencies.

In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held that a proclamation of emergency under Article 352(1) is subject to judicial review. The Court emphasized that constitutional issues must be addressed even if they carry political overtones, and its role is to ensure constitutional limits are respected.

In S.R. Bommai v. Union of India (1994), the Court ruled that secularism is a basic feature of the Constitution and misuse of power under Article 356 can be judicially reviewed. Key guidelines include: President’s Rule must have a constitutional basis, cannot be imposed solely for political reasons, and the dissolution of a State Assembly requires prior parliamentary approval. Courts can examine the material justifying such proclamations.