Under what conditions 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
National Emergency is imposed by President of India on aid & advice of Council of Ministers under Article 352. Conditions: 1) War, external aggression or armed rebellion 2) On entire territory or part of territory as required & advice 3) Written recommendation (44th amendment of council of Minister) Consequences: 1) Extent life of Parliament & State assemblies by 1 yr at a time 2) Centre can give direction on executive & financial measures to states 3) Art 250: 'concurrent legislative power' to Parliament on state subjects 4) Art 358: suspension of Article 19 (on imposition of emergency on grounds of war & external aggression) 5) Article 359: suspension of enforcement of fundamental rights (as required) except Article 20, 21 (44 amendment)
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Conclusion
Emergency has imposed three times – 1961, 1962 & 1975. Hence, last imposed in 1975 on grounds of 'internal issue'.
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Ritik Singhvi
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Emergency Provisions
Emergency Provisions
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analytical
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