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?
Introduction
National Emergency, referred to as 'Emergency', in Constitution is dealt with in Article 352
14 words
Main Body
A Conditions (1) Armed Rebellion (generally internal disturbance) (amended by 44th Amendment) (2) External Aggression (3) War - can be proclaimed by President on advice of council of ministers or can be proclaimed in some states or state of India B Consequences (1) Parliament gets control of State affairs, though State legislature is not suspended (2) State Executive is not dismantled yet President or other of designated key take precedence in State affairs (3) Fundamental Rights [Article 32] getting redressal from Supreme Court for infringement gets suspended automatically - Presidential order (except Article do Promition) and Article 21 [life] (4) Last Imposed during 1975-1977 on grounds of internal disturbance (=armed rebellion) [SK Bommai guideline need to be followed for National Emergency]
SUVAN SHARMA
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Emergency Provisions
National Emergency conditions, consequences and history
135
Total words
1
Paragraphs
structured and explanatory
Tone