A proclamation of Emergency has a significant impact on the political system in India. The consequences can be categorized into three main areas:
- Effect on the Centre-State Relations
The effects on the relationship between the central and state governments can be classified into three areas:
➤ Executive: During a national emergency, the Centre can direct any state on how to exercise its executive power, rather than just on specified matters as in normal times. This allows the Centre to exert complete control over the state governments without suspending them.
➤ Legislative: During a national emergency, Parliament can make laws on any subject in the State List, overriding the legislative powers of state legislatures. This creates a unitary form of government instead of a federal one. However, laws made during a national emergency on state subjects become inoperative six months after the emergency ends.
➤ Financial: The President can modify the distribution of revenue between the Centre and the states, reducing or canceling the transfer of finances from the Centre to the states. This continues until the end of the financial year in which the emergency ends, and such orders must be laid before both Houses of Parliament.
- Effect on the Life of the Lok Sabha and State Assembly
➤ Extension of Terms: While a national emergency is in effect, the term of the Lok Sabha and state legislative assemblies can be extended beyond their normal terms (five years) by one year at a time. However, this extension cannot continue beyond six months after the emergency ends.
- Effect on the Fundamental Rights
➤ Suspension of Rights under Article 19: Article 358 automatically suspends the six Fundamental Rights under Article 19 when a national emergency is declared. However, the 44th Amendment Act of 1978 restricted the suspension of these rights to emergencies declared due to war or external aggression (not armed rebellion) and only protects laws related to the emergency.
➤ Suspension of Other Fundamental Rights: Article 359 allows the President to suspend the right to enforce Fundamental Rights in court during a national emergency, except for those under Articles 20 and 21. The suspension applies to the specified rights and may be limited in scope and duration. The suspension order must be approved by both Houses of Parliament.
These consequences demonstrate how the declaration of an Emergency centralizes power and changes the normal operations of the government and legal system, significantly affecting the political structure of the country.