The Constitution outlines two primary political emergencies that alter the federal character of the nation into a temporary unitary model.
1. National Emergency: Article 352
- Grounds: War, external aggression, or "armed rebellion" (the 44th Amendment replaced the term "internal disturbance" to prevent abuse).
- Approval: Must be approved by both Houses of Parliament within 1 month of proclamation by a Special Majority (2/3rds present and voting, and absolute majority of total membership).
- Effects: The Centre can give executive directions to States on any matter; Parliament can make laws on subjects in the State List (Article 250).
2. State Emergency / President's Rule: Article 356
- Grounds: Failure of the constitutional machinery in a State (based on the report of the Governor or otherwise).
- Approval: Must be approved by both Houses of Parliament within 2 months by a Simple Majority.
- Effects: The President dismisses the State Ministry and assumes the executive powers of the State, while the Parliament assumes the legislative powers.
📜 Prevention of Abuse: S.R. Bommai v. Union of India (1994)
To prevent the arbitrary dismissal of opposition state governments, a 9-judge bench ruled that: (1) The proclamation under Article 356 is subject to Judicial Review; (2) The State Assembly cannot be dissolved until the Parliament approves the proclamation; (3) The secular character of a state government is a basic structure, and governments acting against it can be dismissed; (4) The floor of the assembly is the only place to test the majority of a ministry.