What is the Difference between National Emergency and President Rule?

The Indian Constitution gives the Central government the power to manage through Emergency Provisions in two ways which are National Emergency and President’s Rule. While both address disruptions, they differ in their triggers and effects. National Emergency deals with the entire country coming under fire in situations like war or external aggression. On the other hand, President Rule or State Emergency occurs when a particular State in the country has a breakdown in their constitutional machinery. Read on to learn about the difference between National Emergency and President Rule! 

What Type of Emergencies are Mentioned in the Constitution?

To understand the difference between a national emergency and the president’s rule, let’s look at the different types of emergencies. There are 3 types of emergencies mentioned in the Constitution.

1. Article 352:  Under this article, an emergency is declared due to war, armed rebellion, or external aggression.
2. Article 356: An emergency is declared due to the constitutional machinery in the state. This is often called the state emergency or the President’s rule.
3. Article 360:  A financial emergency can be declared due to financial instability or a threat to the credit of India.

What is the Difference Between Article 352, 356 and 360?

The main difference between the three types of emergencies (under Article 352, 356, and 360) are provided below:

Article	Type of Emergency	Grounds for Proclamation	Scope of Application
352	National Emergency	War, external aggression, or armed rebellion (formerly “internal disturbance”)	Whole or part of India
356	President’s Rule (State Emergency)	Failure of the constitutional machinery in a state	Specific State(s)
360	Financial Emergency	Threat to the financial stability or credit of India or any part thereof	Whole or part of India

When is President Rule is Imposed in a State?

The president’s rule can be imposed in a State. Article 356 grants the right to the President. The Governor can send a report to the President. Upon receiving the same, and becoming convinced that the state governance cannot be carried out as per the constitution, a president’s rule is imposed. When a president’s rule is imposed, it leads to the suspension of the state legislature. Moreover, the central government gets direct control over the state administration

Also Read: Speech on Constitution of India: Short and Long Speech for Students

Difference between National Emergency and President Rule

Here is a detailed difference between both: 

Difference between National Emergency and President Rule
Feature	National Emergency	President Rule
Purpose	Declared in case of war, external aggression or armed rebellion threatening the security of India.	Imposed in case of failure of constitutional machinery in a State of the country.
Initiation	Proclamation by the President under Article 352 of the Indian Constitution.	Proclamation by the President under Article 356 of the Indian Constitution.
Authority	The President has the power to declare. It has to get the approval of the Cabinet.	The President has the power to impose it based on the Governor’s report.
Applicability	Applies to the whole country or specific parts.	Applies to a particular State or states.
Duration	Initially for 2 months, extendable indefinitely with Parliamentary approval every 6 months.	Initially for 6 months, extendable for a maximum of 3 years with Parliamentary approval every 6 months.
Effects on Fundamental Rights	Suspends certain Fundamental Rights guaranteed by the Indian Constitution.	Does not suspend Fundamental Rights guaranteed by the Indian Constitution.
Effect on Union-State Relations	Increases the power of the Union Government over all the States.	Directly places the State under the control of the Union Government.
State Government Dissolution	Does not necessarily result in the dissolution of State governments of the country.	Often leads to the dissolution of the State Legislative Assembly and imposition of President’s Rule.

Can the President declare a National Emergency Under Article 352 of the Constitution? 

Yes. The Indian president can declare a national emergency (as per Article 352). However, the country must face a war, external aggression or armed rebellion for an emergency to be imposed. Moreover, the Union Cabinet must provide written advice to the President regarding the emergency.

Instances of National Emergency in India

The following are some of the instances when a national emergency was imposed in India.

1. 1962 – Sino-Indian War:  An emgerency was declared due to China’s agression towards India. The emergency lasted till 1968.
2. 1971 – Indo-Pak War:  Proclaimed due to o external aggression during the Bangladesh Liberation War. The emergency lasted till 1977.
3. 1975 – Internal Disturbance: Declared due to internal disturbances. During this period there was the civil liberties were curtailed. This emergency was revoked in 1977.

Also Read: The Indian Constitution introduction for class 8th students

Revocation of National Emergency by the President

A president has the power to revoke a national emergency at any time. The president can issue a proclamation for the same. Moreover, this revocation does not require parliamentary approval. On the other hand, if the Lok Sabha passes a resolution disapproving of the imposition of the emergency, the president has to revoke the emergency. This showcases that there are checks and balances on the executive’s power to impose emergencies

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