National Emergency under the Constitution
The President's power to declare that India's security is threatened, used three times so far.
What the paper can ask
- A national emergency has been proclaimed three times: on 26 October 1962 (China war), on 3 December 1971 (Pakistan war) and on 25 June 1975 (internal disturbance).
- The 1975 Emergency ran from 25 June 1975 to 21 March 1977.
- The proclamation needs the Union Cabinet's decision communicated to the President in writing; each House must approve it by a majority of its total membership and two-thirds of members present and voting; once approved it runs for six months at a time unless renewed; the Lok Sabha can force revocation by resolution.
- A financial emergency under Article 360 has never been invoked.
Why exams ask
Setters ask the Article and grounds, which amendment changed the wording, the approval deadline and majority, the three occasions, and which rights cannot be suspended.
The full story
Part XVIII of the Constitution has three emergency powers: a national emergency when India's security is threatened, President's Rule when a state's constitutional machinery fails, and a financial emergency. A national emergency can be proclaimed on grounds of war, external aggression or a third ground whose wording was changed after the 1975 Emergency.
Test yourself
1.Proclamation of Emergency on grounds of war, external aggression or armed rebellion is made under which Article?
Correct. Article 352 covers national emergency; 356 covers failure of constitutional machinery in a State (President's rule); 360 covers financial emergency.
Not quite. Article 352 covers national emergency; 356 covers failure of constitutional machinery in a State (President's rule); 360 covers financial emergency. It goes into your error book.
2.Which amendment replaced 'internal disturbance' with 'armed rebellion' as a ground for proclaiming national Emergency under Article 352?
Correct. The 44th Amendment Act, 1978 substituted 'armed rebellion' and required the Cabinet's written advice before a proclamation, in reaction to the 1975 Emergency.
Not quite. The 44th Amendment Act, 1978 substituted 'armed rebellion' and required the Cabinet's written advice before a proclamation, in reaction to the 1975 Emergency. It goes into your error book.
3.A proclamation of national Emergency under Article 352 must be approved by each House of Parliament within
Correct. After the 44th Amendment, Article 352(4) requires approval by both Houses within one month by special majority; it then continues for six months at a time.
Not quite. After the 44th Amendment, Article 352(4) requires approval by both Houses within one month by special majority; it then continues for six months at a time. It goes into your error book.