National Emergency Under Article - 352


             The constitution of India provides three types of emergency.

-  Due to war, External aggression, or armed rebellion
    
            - Failure of constitutional machinery of the state.
    
            - Financial stability is threatened in India or any part of Indian territory.


1) National emergency (Article352)

             A) If president is satisfied that there is threat to national security of India or any part of India by way of war, external aggression or armed rebellion then he can proclaim emergency  under Article 352 of Constitution of India .

              B) Decision of cabinet must be communicated to the president in written .
           
             C) Emergency will expire after one month unless it is approved by both the house of parliament.
          
             D) It must be approved by special majority then it shall remain in force for six months.
         
             E) Beyond six months approval of parliament would be required subsequent six months.
        
             F) Prior to the 44th amendment ‘armed rebellion’ was ‘internal disturbance’.
      
            G) In 1975 then Prime Minister Smt. Indira Gandhi proclaim national emergency on the ground of internal disturbance it was much criticized because of political vested interest.
        
            H) Emergency can be revoked by president

Effects of proclamation of emergency-

1) Extension of central executive power – giving directions to state.

2) Parliament empowered to make law.

3) Centre empowered to alter the distribution of revenue between Union and State.

4) Extension of Lok-Sabha for 1 year.      

5) Suspension of fundamental rights under Article 19.

Case law

 MINERVA VS UNION OF INDIA

       Supreme Court held that proclamation of emergency under Article 352 is also subject of judicial review. Court has power to see whether it was under provision of constitution or not.


See in detail =======>>>>>   National Emergency (Article 352)

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