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State of Emergency During War in India

Under Article 352 of the Constitution of India, the President has the power to declare a National Emergency if the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. This page details the changes that occur when such an emergency is declared.

Constitutional Changes During Emergency

When a Proclamation of Emergency is issued under Article 352 due to war or external aggression:

The federal structure of the Constitution can transform into a unitary one, effectively.
The Union government becomes empowered to give executive directions to any state on any matter.
Parliament can make laws on subjects that are normally in the State List (List II of the Seventh Schedule).
The President can modify the provisions regarding the distribution of revenues between the Union and the States.
Fundamental Rights under Article 19 (freedoms of speech, assembly, movement, etc.) are automatically suspended (Article 358).
The President may by order suspend the right to move courts for enforcement of other Fundamental Rights (except Articles 20 and 21) (Article 359).

Enhanced Government Powers

During a national emergency, the government assumes extraordinary powers to manage the crisis:

The Union Executive's power extends to giving directions to any state as to the manner in which its executive power is to be exercised.
Parliament gains the power to legislate on matters in the State List.
The President can alter the financial arrangements between the Union and States.
The government can impose censorship on media and communications to maintain public order and national security.
Special courts or tribunals may be established for speedy trials related to emergency provisions or national security.
Military and paramilitary forces may be granted additional powers for security operations and maintaining order.
Control over production, supply, and distribution of essential commodities may be instituted.

Impact on Citizens

During a war emergency, citizens will experience several changes affecting daily life and civil liberties:

Restriction or suspension of certain Fundamental Rights, particularly those under Article 19 (freedom of speech, assembly, movement).
Freedom of movement may be severely restricted, especially in border areas or sensitive zones.
Curfews may be imposed in specific regions to maintain order and safety.
Citizens may be called upon or required by law to assist authorities in civil defence or emergency management tasks.
Rationing of essential commodities (food, fuel, etc.) might be implemented to ensure equitable distribution.
Public gatherings, protests, or assemblies may be restricted or prohibited.
Increased security checks and identity verification will be common. Always carry valid ID.

Key Restrictions and Regulations

The following specific restrictions and regulations may be imposed during a war emergency:

Blackout regulations in vulnerable cities/towns to prevent enemy targeting.
Strict restrictions on photography or videography, especially of military installations, critical infrastructure, and troop movements.
Control over transportation networks (road, rail, air, sea) and possible requisitioning of private vehicles or property for emergency use.
Evacuation orders for populations in high-risk areas or conflict zones.
Restrictions on the use of certain communication devices or frequencies in specific areas.
Declaration of certain areas as "prohibited" or "restricted" zones with controlled access.
Control over publication and dissemination of information to prevent panic or spread of misinformation.

Legal Framework

The constitutional provisions for National Emergency are detailed in Part XVIII, Articles 352 to 360. Article 352 specifically deals with emergency due to war, external aggression, or armed rebellion.

Duration: An emergency proclamation must be approved by both Houses of Parliament within one month. Once approved, it can remain in force for six months at a time, requiring parliamentary approval for each extension.

Historical Context

India has declared National Emergency under Article 352 on grounds of "external aggression" or "war" twice:

1962: During the Indo-China war (Oct 1962 - Jan 1968)
1971: During the Indo-Pakistan war (Dec 1971 - Mar 1977)
(A third emergency in 1975 was on grounds of "internal disturbance".)

Each instance led to different implementations of emergency powers based on the prevailing circumstances.

Judicial Review

The proclamation of a National Emergency is subject to judicial review. The Supreme Court can examine if the declaration was made on grounds that are wholly extraneous or irrelevant, or if it is mala fide. The 44th Amendment Act, 1978, introduced safeguards to prevent misuse of these powers.

Civilian Responsibilities During Emergency

During a state of emergency due to war, civilians play a crucial role in national resilience, maintaining public order, and supporting defence efforts. Your cooperation and responsible actions are vital.

Mandatory Responsibilities & Compliance

Comply strictly with all evacuation orders and relocation instructions issued by authorities.
Adhere to blackout/dim-out protocols and light discipline in designated areas to ensure safety.
Carry valid identification documents at all times and present them when requested by security or government officials.
Report suspicious activities, unidentified objects, or individuals to the nearest police station or designated security personnel immediately. Use helpline numbers.
Adhere to any rationing systems or restrictions imposed on essential commodities (food, water, fuel).
Observe curfew timings and movement restrictions without fail. Do not venture out unless absolutely necessary and permitted.
Follow public health advisories and sanitation guidelines to prevent disease outbreaks.

Voluntary Contributions & Support

If able and trained, volunteer for recognized civil defence, first aid, or community emergency response teams.
Donate blood if there is a call from authorized blood banks, provided you are healthy.
Assist elderly, disabled persons, children, and vulnerable members of your community. Share resources if possible.
Combat rumors and misinformation. Share only verified information from official sources.
Conserve essential resources like water, food, electricity, and fuel. Avoid wastage.
Maintain personal and community hygiene to prevent spread of diseases.
Maintain morale and encourage a spirit of unity and cooperation in your community.

Prohibited Activities & Cautions

Do NOT spread rumors, unverified news, or panic-inducing information via any medium.
Do NOT hoard essential supplies beyond reasonable personal needs. This creates artificial scarcity.
Do NOT photograph or share images/videos of military installations, troop movements, damaged areas, or security operations.
Do NOT organize or participate in unauthorized public gatherings or protests that could disrupt public order.
Do NOT interfere with the duties of emergency services personnel, defence forces, or government officials.
Do NOT use communication networks for frivolous purposes if there are appeals to keep lines free for emergencies.
Do NOT attempt to approach or handle suspicious objects; report them to authorities from a safe distance.

Safety Protocols During Wartime Emergency

These protocols are designed to enhance public safety during wartime emergencies. Familiarize yourself and your family with these procedures to protect yourselves and your community. Always follow official instructions from authorities.

At Home: Shelter & Preparedness

Identify the safest area in your home (e.g., basement, internal room with no windows, under sturdy furniture) to use as a temporary shelter.
Prepare blackout materials (thick dark cloth, cardboard) for windows to prevent light from escaping at night.
Maintain a well-stocked emergency kit with essentials for at least 7-14 days (see 'Essential Resources' section).
Keep a battery-powered or hand-crank radio tuned to official broadcast channels for updates and instructions.
Develop and practice a family emergency plan, including evacuation routes and an out-of-state contact person.
Know how to turn off main utilities (gas, water, electricity) if instructed by authorities.
Secure any loose objects outside your home that could become projectiles in blasts or high winds.

In Public Spaces & Evacuation

Be aware of your surroundings. Know the location of nearby public shelters or safe zones if announced.
If an evacuation order is given, follow designated routes and instructions calmly and quickly. Assist those who need help.
Cooperate fully with instructions from police, civil defence, and military personnel.
Avoid crowded areas, protest sites, or potential targets when alerts are active, unless instructed otherwise.
Report unattended bags, packages, or suspicious vehicles immediately to authorities from a safe distance. Do not touch them.
If caught in a blast or attack, "Drop, Cover, and Hold On." Drop to the ground, take cover under a sturdy object, and hold on. Protect your head and neck.

During Air Raids or Bombing Alerts (If Applicable)

Upon hearing air raid sirens or official warnings, seek designated shelter immediately (public shelter, home shelter).
If indoors, stay away from windows, glass doors, and outer walls. Move to the pre-identified safest spot.
If outdoors, lie flat in the nearest ditch, culvert, or depression, and cover your head with your arms. Avoid open fields or direct lines of sight to potential impact.
Remain in shelter until the "all-clear" signal is given by authorities. Do not assume it's safe based on a lull.
Keep your emergency kit accessible if you need to move to a shelter.
After an attack, be cautious of debris, fallen power lines, and unstable structures. Listen for official guidance before moving.

Essential Resources and Preparedness

During a wartime emergency, access to essential resources may be disrupted. It is crucial to be prepared. Aim to have enough supplies for each person in your household for a minimum of 7 days, ideally 14 days if possible.

Water

Store at least 3-4 litres of safe drinking water per person per day. Use clean, food-grade containers. Consider water purification tablets or a portable water filter. Don't forget water for sanitation.

Food

Stock non-perishable, easy-to-prepare food items. Focus on canned goods (fruits, vegetables, meats, fish), dried foods (dal, rice, pasta), energy bars, biscuits, nuts, and powdered milk. Ensure you have a manual can opener and cooking fuel if needed (e.g., portable stove).

Medical & First Aid

Maintain a comprehensive first-aid kit. Include essential prescription medications (at least a 1-month supply), pain relievers, fever reducers, antiseptic solution/wipes, bandages, gauze, adhesive tape, thermometer, and any specific medical supplies for family members.

Light & Power

Have flashlights with extra batteries for every family member. Consider LED lamps or emergency lanterns. Keep power banks fully charged for mobile phones and other small devices. Candles can be a fire hazard; use with extreme caution.

Communication

Keep a battery-powered or hand-crank AM/FM radio for official broadcasts and updates. Ensure mobile phones are charged. Have a written list of important emergency contacts and a pre-determined family communication plan (e.g., out-of-state contact).

Sanitation & Hygiene

Stock toilet paper, soap, hand sanitizer, toothbrushes/paste, feminine hygiene products, and garbage bags with plastic ties for waste disposal. Disinfectant wipes or solution are also important.

Important Documents

Keep copies of important documents (Aadhaar card, ration card, voter ID, insurance papers, medical records, property deeds, bank account details) in a waterproof, portable container or bag. Consider digital copies on a secure USB drive or cloud storage (if accessible).

Tools & Supplies

A multi-purpose tool, duct tape, plastic sheeting (for sealing windows or creating shelter), whistle to signal for help, sturdy shoes, rain gear, blankets or sleeping bags, and some cash in small denominations.

Go-Bag / Emergency Kit Checklist Highlights

Water and non-perishable food (3-day supply for a go-bag, more for home kit)
Battery-powered/hand-crank radio & flashlight (with extra batteries)
Comprehensive First Aid Kit & personal medications
Whistle, dust mask, plastic sheeting, duct tape
Sanitation items (hand sanitizer, wipes, toilet paper)
Multi-tool, local maps, mobile phone with power bank
Copies of important documents and cash
Sleeping bag or warm blanket, change of clothes
Special needs items (infant supplies, pet supplies, elder care items)

Emergency Helplines - India

In any emergency, dial these numbers for assistance. It's advisable to also save local district/city specific helpline numbers. During specific crisis, new helplines might be announced by the government.

National Emergency Number (Single Number for all Emergencies): 112
Police: 100
Fire Services: 101
Ambulance: 102 / 108
National Disaster Management Authority (NDMA) Helpline: 1078
Central Relief Commissioner (For Natural Disasters): 1070
Women Helpline (Domestic Abuse / General): 1091 / 181
Child Helpline India: 1098
Senior Citizen Helpline (Elderline - National): 14567
Mental Health Helpline (KIRAN - Ministry of Social Justice and Empowerment): 1800-599-0019
National Highways Helpline (Road Accidents, etc.): 1033
Railway Enquiry / Security Helpline: 139 / 182
MyGov WhatsApp Helpdesk (for verified Government information): +91 9013151515 (Save number and send 'Namaste' or 'Hi')

Legal Rights of Citizens During a National Emergency

Understanding your legal rights during a National Emergency (declared under Article 352 of the Constitution due to war or external aggression) is crucial. While the government is granted enhanced powers to manage the crisis, certain fundamental rights remain protected, and constitutional safeguards exist.

Status of Fundamental Rights

Suspension of Article 19: When a National Emergency is declared on the grounds of war or external aggression, the six fundamental rights under Article 19 (freedom of speech and expression, assembly, association, movement, residence, and profession) are automatically suspended (as per Article 358). This suspension applies for the duration of the emergency.
Articles 20 and 21 Remain Protected: Crucially, the Fundamental Rights under Article 20 (Protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended even during a National Emergency. This vital safeguard was affirmed by the 44th Amendment Act, 1978. Citizens can approach the courts (Supreme Court under Article 32, High Courts under Article 226) if these two rights are violated.
Suspension of Other Fundamental Rights (Article 359): The President may, by a separate order, suspend the right to move any court for the enforcement of other Fundamental Rights (except Articles 20 and 21) as specified in that Presidential order. Such an order must be laid before each House of Parliament for approval. The specific rights whose enforcement is suspended can vary.

Changes in Executive and Legislative Powers

Extension of Union's Executive Powers: The executive power of the Union (Central Government) extends to giving directions to any State as to the manner in which its executive power is to be exercised.
Parliamentary Legislative Powers: Parliament becomes empowered to make laws on any subject mentioned in the State List (which is normally under the exclusive domain of State Legislatures). Such laws made by Parliament on State subjects will cease to have effect six months after the emergency has ceased to operate, to the extent of their incompetency.
Modification of Financial Provisions: The President can modify the constitutional distribution of revenues between the Centre and the States.

Safeguards and Judicial Oversight

Parliamentary Approval: A Proclamation of Emergency must be approved by resolutions of both Houses of Parliament (Lok Sabha and Rajya Sabha) by a special majority within one month from the date of its issue. If approved, it continues for six months and can be extended for six months at a time indefinitely, but each extension requires fresh parliamentary approval.
Written Recommendation from Cabinet: The President can declare an emergency only on the basis of a written recommendation from the Union Cabinet (not just the Prime Minister).
Judicial Review: The proclamation of emergency is not immune from judicial review. It can be challenged in court on grounds of mala fides (bad faith) or if the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.
Revocation of Proclamation: The President can revoke the emergency at any time by a subsequent proclamation. A proclamation of emergency may also be revoked if the Lok Sabha passes a resolution disapproving its continuance.

Preventive Detention

During an emergency, the government may make laws related to preventive detention. However, Article 22 of the Constitution provides safeguards for persons under preventive detention, such as the right to be informed of the grounds of detention (unless disclosure is against public interest) and the right to make a representation against the detention order. The case must generally be referred to an Advisory Board within a specified period.

Frequently Asked Questions (FAQ) - Wartime Emergency

This section addresses common questions citizens may have during a state of emergency declared due to war or external aggression, based on constitutional provisions and general preparedness principles.

What is a 'National Emergency' in the context of war?

A National Emergency under Article 352 of the Indian Constitution is a formal declaration by the President when the security of India (or a part of it) is threatened by war, external aggression, or armed rebellion. This empowers the central government with extraordinary powers to manage the crisis, which may include temporary modifications to the federal structure and restrictions on certain fundamental rights to protect the nation.

How will I be officially informed if a National Emergency is declared?

Official announcements will be made through government-controlled media channels such as All India Radio (AIR), Doordarshan (DD National), the Press Information Bureau (PIB), official government websites (e.g., MHA, PMO), and possibly through SMS alerts or public address systems. It is crucial to rely only on these verified sources.

What are the immediate actions I should take if an emergency is announced?

1. Stay Calm: Avoid panic.
2. Seek Official Information: Tune into official news channels.
3. Ensure Family Safety: Check on your family members and review your family emergency plan.
4. Prepare Your Kit: Ensure your emergency supply kit is accessible.
5. Follow Instructions: Adhere strictly to directives from government authorities regarding safety, movement, and resource use.
6. Avoid Rumors: Do not spread unverified information.

Will schools, colleges, and offices remain open?

Decisions regarding the operation of educational institutions, government offices, and private businesses will be made by the government based on the severity and nature of the emergency. Essential services (healthcare, police, fire, utilities) will likely continue, possibly with modifications. Follow official announcements for specific instructions.

How can I get reliable information and combat misinformation?

Exclusively rely on official government sources (AIR, Doordarshan, PIB, MyGov, official ministry websites and their social media handles). Critically evaluate information from other sources, especially social media. Do not forward messages or news without verifying their authenticity from official channels. Report misinformation to authorities if possible.

What should I do about essential supplies like food, water, and medicines?

It is always advisable to have a personal emergency kit with essential supplies for at least 7-14 days (see 'Essential Resources' section). During an emergency, the government may take steps to ensure the availability of essential commodities, possibly through regulated distribution or rationing. Avoid hoarding and follow official guidelines on stocking and usage.

Will my travel and movement be restricted?

Yes, it is highly probable. Travel restrictions, including curfews, limitations on inter-city or inter-state movement, and control over public transport, may be imposed for security reasons, to facilitate emergency operations, or to manage resources. Always check official advisories before planning any travel.

What if I or a family member needs urgent medical attention?

Emergency medical services and hospitals will continue to function, though they may be under significant strain. Use emergency helpline numbers (e.g., 112, 102, 108) for urgent medical needs. If possible, inform the dispatcher if the medical emergency is related to the ongoing crisis situation (e.g., injury due to attack).

How can I contribute or help as a citizen during a wartime emergency?

The primary contribution is to follow all laws and instructions from authorities. Beyond that, you can: volunteer with recognized civil defence or authorized aid organizations if calls are made for volunteers; conserve resources; help vulnerable neighbours; maintain community harmony; donate blood if fit and when required by official agencies; and importantly, stay informed and counter misinformation.

Will I be able to use my phone and the internet?

While authorities will try to maintain communication networks, they might face disruptions due to damage, high traffic, or deliberate restrictions for security reasons. Use communication services judiciously for essential purposes. The government may issue specific guidelines or temporarily restrict certain services to prevent misuse, manage network load, or for operational security.

What happens to my Fundamental Rights during such an emergency?

As explained in the 'Legal Rights' section, the six freedoms under Article 19 (like freedom of speech, assembly, movement) are automatically suspended during an emergency declared on grounds of war or external aggression. However, the Right to Life and Personal Liberty (Article 21) and Protection in Respect of Conviction for Offences (Article 20) remain enforceable and cannot be suspended. The enforcement of other fundamental rights may be suspended by a Presidential order.