Jurisprudence, Interpretation and General Laws · Constitution of India

Emergency, Amendment and Basic Structure of the Constitution

Updated 11 October 2026 · Fact-checked

This topic covers four things: the three emergencies (Articles 352, 356, 360), the amendment procedure under Article 368 (special majority, or special majority plus ratification by half the States), the basic structure doctrine limiting Parliament's amending power, and freedom of trade under Articles 301-307 with the GST Council under Article 279A. Answer by stating the provision, applying it, and concluding.

Understand Emergency, Amendment and Other Special Provisions

A Constitution must handle two problems: a crisis that normal rules cannot meet, and the need to change itself over time. The Indian Constitution solves the first through emergency provisions and the second through the amendment power in Article 368.

There are three kinds of emergency. National emergency (Article 352) is declared when the security of India or any part is threatened by war, external aggression or armed rebellion. President's Rule (Article 356) applies when the constitutional machinery in a State fails. Financial emergency (Article 360) applies when the financial stability or credit of India is threatened. The President declares each, and Parliament must approve. The basis differs. Article 352 needs the Union Cabinet's written recommendation under Article 352(3). Article 356 rests on the Governor's report or otherwise. Article 360 rests on the advice of the Council of Ministers under Article 74.

Article 368 lets Parliament amend the Constitution. An amendment under Article 368 needs a special majority. Federal provisions also need ratification by at least half of the State legislatures. Some laws are not amendments under Article 368 and are passed by a simple majority. Laws made under Articles 2 and 3 (admission or formation of new States, altering areas, boundaries and names of States) are, by Article 4, not amendments under Article 368 and need only a simple majority. This includes the consequential changes to Schedules 1 and 4. The same is true of laws under Article 169 (abolition or creation of Legislative Councils) and laws amending Schedules 5 and 6 (paragraph 7 of Schedule 5 and paragraph 21 of Schedule 6).

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament can amend any provision, but cannot destroy the basic structure of the Constitution. The Court has not given a closed list. Items accepted in later cases include supremacy of the Constitution, judicial review, free and fair elections, federalism and separation of powers. Minerva Mills v. Union of India (1980) struck down clauses (4) and (5) of Article 368, inserted by the 42nd Amendment, which barred judicial review and claimed unlimited amending power.

Part XIII (Articles 301-307) secures freedom of trade, commerce and intercourse throughout India. Article 301 is subject to the other provisions of Part XIII (Articles 302-307). Article 279A, inserted by the 101st Amendment, creates the GST Council to make recommendations on GST.

Key rules to remember

Special majority under Article 368: Majority of total membership of each House AND at least 2/3 of members present and voting in each House; Both conditions must be met in each House. There is no joint sitting for constitutional amendments.
Ratification by States: Special majority in Parliament + resolutions of at least half of State legislatures (simple majority in each); Needed for federal matters, such as the election of the President, extent of executive and legislative power of the Union and States, representation of States in Parliament, the Supreme Court and High Courts, and Article 368 itself.
Assent to amendment bill: Bill introduced only in Parliament; President must give assent; No State legislature can initiate an amendment bill. The President cannot withhold assent.
Article 352 proclamation: Cabinet's written recommendation → Proclamation → Parliament approval within 1 month → continues for 6 months from the date of the approving resolution, renewable every 6 months by resolution; Approval and each renewal need a special majority (majority of total membership and 2/3 of those present and voting) in each House. The 6 months run from the date the resolution is passed by the later House. Grounds: war, external aggression or armed rebellion.
Article 356 President's Rule: Parliament approval within 2 months → 6 months, each extension for 6 months, up to a maximum of 3 years; Each extension is for 6 months. Extension beyond 1 year needs both: a proclamation of national emergency in force in the whole of India or in the whole or any part of the State, and an Election Commission certificate that the extension is necessary because of difficulties in holding elections. Approval and extensions are by simple majority.
Article 360 financial emergency: Parliament approval within 2 months by simple majority in both Houses; once approved, it continues until revoked; There is no fixed outer limit once approved. The Union may direct States to observe financial principles and reduce salaries of persons serving the Union and States, including judges.
Fundamental Rights during emergency (Articles 358, 359): Article 19 is suspended automatically only on a war or external aggression emergency (Article 358); enforcement of other Fundamental Rights may be suspended by Presidential order (Article 359); Enforcement of Articles 20 and 21 cannot be suspended.
Article 301: Trade, commerce and intercourse throughout India shall be free; Subject to the rest of Part XIII (Articles 302-307). Parliament may by law impose restrictions on this freedom in the public interest (Article 302). Article 303 prohibits Parliament and State legislatures from making laws that prefer or discriminate between States, but Parliament may do so if it is declared necessary because of scarcity of goods in any part of India. A State may tax goods from other States on a non-discriminatory basis (Article 304(a)). It may impose reasonable restrictions in the public interest, but a bill for this needs the President's previous sanction for its introduction in the State legislature (Article 304(b)).
GST Council (Article 279A): Chair: Union Finance Minister; members: Union MoS (Finance) and State Ministers in charge of finance or taxation; Decisions need at least 3/4 of the weighted votes of members present and voting. Union has 1/3 weight, all States together 2/3.

How to solve Emergency, Amendment and Other Special Provisions questions

Use this method for any question on emergency, amendment, basic structure or trade provisions.

1Identify the heading: emergency, amendment, basic structure, or trade and commerce.
2State the Article number and its rule in one sentence.
3List the conditions: who acts, on what ground, and what approval is needed.
4For amendment questions, first check whether it is an amendment under Article 368 at all (laws under Article 4, including changes to Schedules 1 and 4, laws under Article 169, and laws amending Schedules 5 and 6 under paragraph 7 of Schedule 5 and paragraph 21 of Schedule 6 are not, and need a simple majority). If it is, decide: special majority, or special majority plus State ratification.
5For basic structure questions, name the case, state the holding, and give two or three accepted features.
6Apply the rule to the facts given, naming the Article that decides each point.
7End with a clear one-line conclusion.

Quickest way: Three-column memory grid

When to use it: When you have under ten minutes for a short note or a problem question.

Draw three columns in your head: Article, Trigger, Approval and duration.
For emergencies, fill 352 (war, aggression, armed rebellion), 356 (State machinery failure), 360 (financial stability).
Recall the numbers: 1 month for Article 352 approval, 2 months for 356 and 360, 6 months per term.
For amendments, ask: federal subject? Yes means State ratification. No means special majority only.
Write the case name next to any basic structure point.

Common mistakes in Emergency, Amendment and Other Special Provisions

Saying Article 352 can be declared on internal disturbance.
The original text used the words internal disturbance.
Fix: After the 44th Amendment the ground is armed rebellion. Internal disturbance alone is not enough.
Treating all amendments as needing State ratification.
Students mix up the special majority with the ratification category.
Fix: Ratification is needed only for the federal matters listed in Article 368(2) proviso.
Stating that the basic structure is a fixed list in the Constitution.
Students memorise a list as if written in the text.
Fix: Say it is a judge-made doctrine from Kesavananda Bharati, and the list grows case by case.
Confusing the approval period for Article 352 with that for Article 356.
Both need Parliament approval, so the numbers blur.
Fix: Remember 1 month for 352 and 2 months for 356 and 360.
Saying the President acts on personal satisfaction in declaring an emergency.
The Article says 'if the President is satisfied'.
Fix: For a national emergency the President acts on the Union Cabinet's written recommendation under Article 352(3). President's Rule rests on the Governor's report or otherwise, and a financial emergency on the advice of the Council of Ministers under Article 74. Mention judicial review of the satisfaction too.
Forgetting that Articles 20 and 21 survive an emergency.
Students assume all Fundamental Rights lapse.
Fix: State that enforcement of Articles 20 and 21 cannot be suspended under Article 359.

Worked examples

Example 1

A Constitution Amendment Bill seeks to change the representation of States in Parliament. It is passed in each House by a majority of the total membership and 2/3 of members present and voting. Is the amendment valid once the President assents?

Show the solution

Provision: Article 368(2) sets the amendment procedure.
The representation of States in Parliament is a federal matter listed in the proviso to Article 368(2).
Such an amendment needs a special majority in Parliament and ratification by the legislatures of at least half of the States.
The facts show only the special majority in Parliament. There is no mention of State ratification.
The President cannot validly assent until the ratification is obtained.

Answer: The amendment is not valid yet. It also needs resolutions from at least half of the State legislatures before the President gives assent.

Example 2

Parliament amends the Constitution to say that no court can question any future amendment on any ground. Discuss its validity.

Show the solution

Provision: Article 368 gives Parliament amending power.
Law: in Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament cannot alter the basic structure.
Judicial review is accepted as part of the basic structure.
In Minerva Mills v. Union of India (1980), the Court struck down clauses (4) and (5) of Article 368, inserted by the 42nd Amendment, which barred judicial review of amendments and claimed unlimited amending power.
The proposed amendment ousts judicial review of amendments and so attacks the basic structure.

Answer: The amendment would be void. It destroys judicial review and breaches the basic structure doctrine laid down in Kesavananda Bharati and applied in Minerva Mills.

Exam tips

Learn Articles 352, 356 and 360 as a table of trigger, approval time and duration. Examiners often ask for differences between them.
Always name Kesavananda Bharati and Minerva Mills when writing on the basic structure. Add the holding in one line.
For problem questions, write the Article number before the conclusion to earn the provision mark.
In short notes on Articles 301-307, mention freedom under Article 301, Parliament's power under Article 302 and State restrictions under Article 304.
Mention Article 279A and the 3/4 weighted voting rule when asked about the GST Council.

Practice questions from Constitution of India

Emergency, Amendment and Other Special Provisions: frequently asked questions

What is the amendment procedure under Article 368?

A bill is introduced in either House of Parliament and passed by a majority of total membership and 2/3 of members present and voting in each House. For federal matters, at least half of the State legislatures must also ratify it. Then the President gives assent.

What are the three types of emergency in the Indian Constitution?

National emergency under Article 352, State emergency or President's Rule under Article 356, and financial emergency under Article 360. Each needs Parliament's approval within a fixed time.

What is the basic structure doctrine?

It says Parliament can amend the Constitution but cannot destroy its basic features. It comes from Kesavananda Bharati v. State of Kerala (1973). The Court decides case by case what forms part of the basic structure.

What do Articles 301 to 307 deal with?

They fall in Part XIII and secure free trade, commerce and intercourse across India. They also allow Parliament and State legislatures to impose restrictions in public interest, subject to conditions.