Under what circumstances can the 'National Emergency' be proclaimed by the President of India? What are the consequences when such a proclamation remains in force? When was it last imposed in the country?
Main Body
Article 352 of the constitution gives about proclamation of National emergency. Constitutions 'National emergency' can be proclaimed: (1) Armed secession (Lt & On CAA) as earlier internal insurgency, wars etc (2) External aggression: when war or external threat to nation (3) On written recommendation of the Cabinet (50/PCA) (4) On resolution passed by both Lok Sabha and Rajya Sabha by special majority Consequences of proclamation: (1) On Fundamental rights: i Article 19 has been annulled in case of external aggression only (44th CA) ii Articles 20 & 21 cannot be suspended or President (2) On legislation: i Parliament has control over state list subjects & make law be state also has concurrent power ii On Executive: Executive power of states is taken over by Centre iii Financial: President can reserve money bills and ask for financial prudence by states iv Restore: President can unmake the state legislative assembly & parliament by one year Imposition -3 times imposed => 1962, 1972, 1975 last imposed in 1975 due to internal aggression by Indira Gandhi
Krupa A Jain
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Emergency Provisions
National Emergency proclamation and consequences
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