Topic 03 of 6 · Chapter 13 · Indian Polity
National Emergency — Article 352
Grounds, proclamation procedure, effects on Centre-State relations, FR during emergency, 44th Amendment safeguards, and past emergencies.
📋 In This Article
1. Grounds for National Emergency
Article 352 provides for proclamation of National Emergency on the following grounds:
- War — with a foreign country
- External aggression — by a foreign country
- Armed rebellion — within India (changed from “internal disturbance” by 44th Amendment)
⭐ Exam Fact: The 44th Amendment (1978) changed “internal disturbance” to “armed rebellion” — making it harder to proclaim National Emergency on internal grounds. The 1975 Emergency was proclaimed on grounds of “internal disturbance” — which was considered too vague.
2. Proclamation Procedure
- The President proclaims National Emergency on the written advice of the Cabinet (44th Amendment requirement)
- The proclamation must be approved by both Houses of Parliament within 1 month
- Approval requires special majority — majority of total membership AND 2/3 of members present and voting
- Once approved, the Emergency continues for 6 months
- Can be extended by 6 months at a time with Parliamentary approval
- Lok Sabha can revoke the Emergency by a simple majority resolution (44th Amendment)
3. Effects of National Emergency
- Centre-State relations: Centre can legislate on State List subjects; Centre can give directions to States on any matter
- Executive power: Centre’s executive power extends to giving directions to States on any matter
- Lok Sabha term: Can be extended by Parliament by 1 year at a time
- Fundamental Rights: Article 19 freedoms automatically suspended; other FRs can be suspended by Presidential order (Article 359)
- Financial provisions: Centre can modify provisions relating to distribution of revenues between Centre and States
4. Fundamental Rights during Emergency
- Article 19 (6 freedoms): Automatically suspended during National Emergency proclaimed on grounds of war or external aggression
- Other FRs: Can be suspended by Presidential order under Article 359
- Articles 20 and 21: CANNOT be suspended even during National Emergency (44th Amendment)
📌 Most Important: Articles 20 (protection against conviction) and 21 (right to life) cannot be suspended even during National Emergency. This was added by the 44th Amendment (1978) as a safeguard against the abuse of emergency powers.
5. 44th Amendment Safeguards
The 44th Amendment (1978) added several safeguards against misuse of emergency powers:
- President must act on written advice of Cabinet (not just PM)
- “Internal disturbance” changed to “armed rebellion”
- Parliamentary approval requires special majority (not simple majority)
- Lok Sabha can revoke Emergency by simple majority
- Articles 20 and 21 cannot be suspended
- Emergency must be approved within 1 month (not 2 months)
6. Past National Emergencies
| Emergency | Year | Ground | Duration |
|---|---|---|---|
| First National Emergency | 1962 | External aggression (China war) | 1962-1968 |
| Second National Emergency | 1971 | External aggression (Pakistan war) | 1971-1977 |
| Third National Emergency | 1975 | Internal disturbance (controversial) | 1975-1977 |
✅ Remember: The 1975 Emergency (proclaimed by PM Indira Gandhi) was the most controversial. It was proclaimed on grounds of “internal disturbance” — which was changed to “armed rebellion” by the 44th Amendment (1978) to prevent such misuse. The 1975 Emergency lasted from June 25, 1975 to March 21, 1977.
7. Key Points for Exam
🔑 Must-Remember Facts
- National Emergency: Article 352
- Grounds: War, External Aggression, Armed Rebellion
- 44th Amendment: Changed “internal disturbance” to “armed rebellion”
- Proclamation: On written advice of Cabinet
- Parliamentary approval: Within 1 month; special majority
- Duration: 6 months; extendable by 6 months
- Article 19: Automatically suspended during National Emergency
- Articles 20 and 21: Cannot be suspended (44th Amendment)
- Past emergencies: 1962 (China), 1971 (Pakistan), 1975 (internal)
- 1975 Emergency: Most controversial; proclaimed by PM Indira Gandhi