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Related topics Union List State List Concurrent List Judicial review Basic structure doctrine Uniform civil code

Part XVIII is a compilation of laws pertaining to the Constitution of India as a country and the union of states that it is made of. This part of the constitution consists of Articles on Emergency Provisions.^[1]

Laws

Part XVIII of the Indian constitution envisages the following three emergencies:

• General Emergency (also called national emergency)
• Break-down of constitutional machinery in the states -(also called state emergency)
• Financial Emergency

Article 353

This article allows the central government to override the seventh schedule of the constitution (dealing with the differentiation of subjects between the central and state government). It also allows the president to prolong the life of the Lok Sabha one year at time.^[3]

Article 354

Article 354 empowers the central government to make funding allocations within the centre-state financial arrangements besides those stated in Article 268–279.^[3]

Article 355

Article 355 places duties on the central government to protect states against "external aggression and internal disturbances" and to ensure that the governance of all states is in accordance with the constitution.^[3][4] This article is often used in conjunction with Article 356 to declare President's Rule in a state. The Supreme Court of India has opined that the Article does not provide any independent source of power other than those provided in Articles 356 and 357.^[4]

Article 356

This article allows the President, on receipt of a report from the Governor of a State or otherwise, to declare a state of Emergency if he/she is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. ^[5]

Article 357-358

Provisions for State Governance and State funding by the President or Parliament and making laws to be enforced during the state of Emergency.^[5]

Article 359A

Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6 January 1990)

Article 360

On Provisions as to financial emergency.-->

References

Further reading