State emergency is defined under article 356 of the Indian constitution and article 356 is based on the section 93 of the government of India act 1935. state emergency is also known as constitutional emergency or presidential emergency. State emergency can only be declared by the honourable president of the country. State emergency can be declared in certain drastic situation like if any state does not comply with the constitutional provision then, on the recommendation of the governor of that state the president can declare presidential rule in that state .

According to article 356, presidential rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery. This is of two types:

  • If the president receives a report from the state’s governor or otherwise is convinced or satisfied that the state’s situation is such that the state government according to the provisions of the constitution.
  • As per this article, president’s rule can be imposed if any state fails to comply with all directions given by the union on matters it is empowered to.
  • In simple words, president’s rule is when the state government is suspended and the central government directly administers the state through the office of the governor.

When president declare state emergency in any state then it must be approved by parliament within 2 months with 50% of the members present and voting i.e; simple majority.  The president rule is initially for the period of 6 months. Later,it can be extended for a period of 3 years with parliamentary approval, every 6 months.

The 44th amendment to the constitution (1978) brought in some constraints on the imposition of the president’s rule beyond a period of one year. It says that president’s rule cannot be extended beyond one year unless:

  • There is a national emergency in India.
  • The election commission of India certifies that it is necessary to continue the president’s rule in the state because of difficulties in conducting assembly elections to the state.

If, at the time of emergency, lok sabha is dissolved due to any reason then, it would be approved by rajya sabha within 1 month.

Consequences of presidential rule

When state emergency is declared, then the powers of state government is transferred to central government and can form laws for the state which in normal situations it can’t  and also the power of governor is transferred to the president. And state government can be dissolved or suspended depending on the situation of that time. In case the state government is dissolved, then after abolishing the emergency new elections were held to form state government again and in case it was suspended, then the same government will take again its chair as a state government.

  • According to the 38th constitution amendment act, the satisfaction of president to impose emergency in any state is final and conclusive and cannot be questioned in any court.
  • But according to 44th amendment act, judicial review is a basic structure and basic structure will remain same for every law, hence the presidential rule can also be reviewed in the court of law.

 So these are some basic features and requirements of state emergency.


Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.