Part XVIII: Emergency Provisions

Article 352: Proclamation of Emergency

Original Article:

Article 352 of the Indian Constitution allows the President to proclaim a National Emergency if the security of India or any part thereof is threatened by war, external aggression, or armed rebellion. The emergency applies to either the entire country or specific regions as specified in the Proclamation.

Explanations:

Article 352 grants the central government extraordinary powers during a National Emergency. While enabling swift and centralized decision-making, it incorporates procedural safeguards to ensure accountability and prevent misuse.

Clause-by-Clause Explanation:

Clause (1): Presidential Satisfaction and Declaration of Emergency

The President may declare an emergency if satisfied that the security of India is at risk due to war, external aggression, or armed rebellion. This clause emphasizes the need for prompt executive action to safeguard national integrity.

Clause (3): Union Cabinet's Written Recommendation

The President must receive a written recommendation from the Union Cabinet before declaring an emergency. This ensures collective decision-making and prevents unilateral executive action.

Clause (4): Parliamentary Approval

Every Proclamation must receive parliamentary approval within one month of issuance. Without approval, the Proclamation ceases to operate.

Clause (6): Special Majority

Approval or extension of an emergency requires a two-thirds majority in each House of Parliament, ensuring broad consensus.

Clause (7): Revocation upon Lok Sabha Disapproval

The President must revoke an emergency if the Lok Sabha passes a resolution disapproving it. This clause reinforces parliamentary oversight.

Amendments and Historical Context:

The 44th Amendment Act, 1978, introduced stricter safeguards, including replacing "internal disturbances" with "armed rebellion," to prevent misuse of emergency provisions as seen during the 1975 Emergency.

Real-Life Example:

During the 1975-77 Emergency, civil liberties were suspended, and the central government exercised significant control over states. This period highlighted the need for stronger safeguards, leading to the 44th Amendment.

References and Related Provisions:

Article 352 is related to Articles 356 and 360, which deal with State and Financial Emergencies, respectively. Together, they form the Emergency Provisions under Part XVIII of the Constitution.