EMERGENCY PROVISIONSCentral

Article 360 of The Constitution of India in hindi

(1)If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect. 4[(2) A Proclamation issued under clause (1)—
1. (a)may be revoked or varied by a subsequent Proclamation;
2. (b)shall be laid before each House of Parliament; 2. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).
3. (c)shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.]
(3)During the period any such Proclamation as is mentioned in clause (1) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.
(4)Notwithstanding anything in this Constitution(a) any such direction may include—
1. (i)a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State;
2. (ii)a provision requiring all Money Bills or other Bills to which the provisions of article 207 apply to be reserved for the consideration of the President after they are passed by the Legislature of the State; (b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts. ¹[(5) *]

↩1.Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40 (w.e.f. 20-6-1979).

↩3.Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3 (w.e.f. 30-3-1988) and ceased to operate on the expiry of a period of two years from the commencement of that Act, i.e. 30th day of March, 1988.

↩4.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41, for cl. (2)

↩1.Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8 (with retrospective effect) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41

Summary

Article 360 of The Constitution of India gives the President the power to declare a financial emergency if India's financial stability or credit is in danger.
The declaration must be approved by both Houses of Parliament within two months, or it will expire.
During a financial emergency, the central government can direct state governments to observe strict rules of financial behaviour.
The President can order a reduction in the salaries and allowances of all government employees, including judges of the Supreme Court and High Courts.
The President can require that all money bills passed by state legislatures be reserved for his personal consideration and approval.

Practical examples

1India faces a severe economic crash in 2028. The President declares a financial emergency under Article 360 and issues a directive reducing the salaries of all central government workers by 15 percent until the economy stabilizes.

2A state government tries to pass a massive spending bill during a national economic crisis. Because a financial emergency is active under Article 360, the state governor is forced to send the bill to the President of India, who refuses to sign it to prevent the state from going bankrupt.

FAQ

1. How long does a declaration last under Article 360 of The Constitution of India without parliamentary approval?

Under Article 360 of the Constitution, a proclamation of financial emergency will cease to operate at the end of two months unless it is approved by resolutions from both Houses of Parliament.

2. Can the salaries of Supreme Court judges be reduced under Article 360 of India's supreme law?

Yes. Article 360 of the Constitution specifically allows the President to issue directions for the reduction of salaries of people serving the Union, explicitly including the Judges of the Supreme Court and the High Courts.

3. What happens to state money bills during an emergency under Article 360 of the Constitution?

During an emergency under Article 360 of the Constitution, the President can require that all Money Bills passed by a state legislature be reserved for his consideration.

Test yourself

Q1.Under Article 360 of The Constitution of India, what condition must exist for the President to declare a financial emergency?

Q2.According to Article 360 of the Constitution, what is the deadline for Parliament to approve a financial emergency proclamation?

Q3.Which group of officials is explicitly mentioned in Article 360 of India's national charter as being subject to potential salary reductions?

Q4.What power does the Union gain over State legislatures under Article 360 of The Constitution of India?

359PreviousArticle 359 Suspension of the enforcement of the rights conferred by Part III during emergencies.361NextArticle 361 Protection of President and Governors and Rajpramukhs.

←Article 359 Article 361→