q. Write a short note on provisions of National emergency under Indian Constitution.

 

_{Note: this post is a part of our important question answer series on Constitutional Law. You can read other questions by clicking here.}

 

Answer

_{Article 352 deals with “Proclamation of Emergency” or also known as “ National Emergency”. The President of India has the power to declare an Emergency in India or any part of India by making a Proclamation regarding the same. Under this Article, if the President is satisfied that a grave emergency exists in India due to which there is a threat to the security of the nation. He may declare Emergency on the grounds of:}

 

_{I.                                         War}

_{When a country declares a formal war against India and there is a violent struggle using armed forces, the President of India may impose National emergency.}

 

_{II.                                      External Aggression}

_{an unilateral attack on India from any country, without a formal declaration of war.}

 

_{III.                                  Armed Rebellion}

_{When a group of people rebel against the present government which will lead to the destruction of lives and property.}

 

_Note:

_{1.                 Previously, the term ‘Internal disturbance’ was mentioned, it was substituted with ‘Armed Rebellion’ by the Forty-fourth Constitution Amendment Act, 1978.}

_{2.                 For the imposition of emergency, it is not necessary to actual occurrence of any of the mentioned event. president can proclaimed it, if he satisfied, and received a written communication regarding the same from the council of ministers.}

_{3.                 It is necessary to approve it from both the houses within the time period of a month, (Previously, before the 44th amendment, it was 2 months)else its effect will nullified, clause 4, article 352.}

_{4.                 Clause 5 states that such proclamation can last for the maximum period of 6 months and can be renewed with the  approval of the both the houses.}

_{In India, till now 3 times this proclamation has been made:}

_{I.                                            during the time of Indo-China war: 1962-68,}

_{II.                                         During the time of Indo-Pak war: 1971-77, and}

_{III.                                       Due to a clash between Legislature and Judiciary: 1975-77.}

 

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