National emergency Article 352 can be declared on the basis of war, external aggression or armed rebellion. The Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.
Grounds of declaration
- Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
- The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression
- When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
- On the other hand, when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’.
- This term ‘armed rebellion’ is inserted from the 44th amendment. Before this term it was known as internal disturbance.
How long a National Emergency can be in force?
- Requires approval by both houses of parliament and declaration by the President.
- Initially lasts for six months and can be extended indefinitely.
- The 44th Amendment Act 1978 introduced periodic parliamentary approval every six months.
Revocation of National Emergency
With a subsequent proclamation, the President can revoke the emergency if only Lok Sabha passes a resolution disapproving its continuation with a Simple Majority.
Consequences of National Emergency
Some of the serious consequences of a proclamation of emergency are as follows:
- The fundamental rights mentioned in Article 19 of the Indian Constitution remain suspended (according to Article 358).
- The Parliament can make laws relating to the matters stated in the State List.
- Article 20 (The right to protection from criminal prosecution) and Article 21 (the right to life and personal liberty) remain enforceable.
Read Also: President Rule and State Emergency
