National emergency

Also called: Article 352 · Topic: Emergency Provisions and President's Rule · NCERT: Class 9, Ch 6 "Democracy"; Class 11, Ch 1 "Constitution: Why and How?"; Class 11, Ch 5 "Legislature"; Class 11, Ch 7 "Federalism"; Class 12, Ch 6 "The Crisis of Democratic Order"

Meaning

A national emergency is a declaration by the President under Article 352 that the security of India, or of any part of India, is under grave threat from war, external aggression or armed rebellion. The threat can be real or "imminent" (about to happen). The President can issue it only after the Union Cabinet's decision is sent to the President in writing. Each House of Parliament must approve it by special majority within one month, and it must be approved again every six months to continue.

It matters because it is the strongest emergency power in the Constitution. While it lasts, the Union gets extra powers over the states and over citizens' rights. The misuse of this power in 1975 led to the safeguards added by the 44th Amendment (1978).

Explanation

Grounds: when it can be declared

• Three grounds (Art. 352(1)):
• war;
• external aggression (an attack from outside the country);

• armed rebellion (an organised, armed uprising against the State, which is far more serious than a normal law-and-order problem).

• Actual or about to happen: under the Explanation to Art. 352(1), the President does not have to wait for the danger to arrive. It is enough that the President is satisfied there is "imminent danger" [2].

• Whole country or a part: the proclamation can cover all of India or only part of it. The 42nd Amendment (1976) added the power to cover only a part.
• "Internal disturbance" was removed:
• The 44th Amendment (1978) replaced "internal disturbance" with "armed rebellion" [3].
• The Morarji Desai government passed it as a direct answer to the 1975 Emergency [3].

• Because of this change, strikes, protests or political agitation can no longer be used as a reason for an emergency.

• More than one proclamation at a time (Art. 352(9)): the President can issue different proclamations on different grounds, even while one is already in force [2]. The 38th Amendment (1975) added this clause.

• Two common labels (the Constitution does not use these words):
• External emergency: declared on the ground of war or external aggression.
• Internal emergency: declared on the ground of armed rebellion (before 1978, "internal disturbance").

Proclamation and parliamentary approval: steps in order

Step	What happens	Majority / time limit
1. Cabinet advice	The Union Cabinet's decision is sent to the President in writing (Art. 352(3)) [2]	Union Cabinet = PM plus Cabinet-rank ministers appointed under Art. 75 [2]
2. Proclamation	The President issues it. A later proclamation can change it [2]	—
3. Laid before Parliament	Placed before both Houses (Art. 352(4)) [2]	—
4. Approval	Each House passes a resolution approving it [2]	Within 1 month (2 months before 1978). If not approved, it lapses
5. Majority needed	Special majority in each House (Art. 352(6)) [2]	A majority of the total membership of the House and two-thirds of members present and voting
6. If the Lok Sabha is dissolved	The Rajya Sabha approves first. The new Lok Sabha must then approve it	Within 30 days of its first sitting
7. Continuance	Each approval keeps it alive for 6 months (Art. 352(5)) [2]	Can be renewed every 6 months, with no upper limit

• Before 1978:
• An ordinary majority was enough to approve it.

• One approval kept it alive until it was revoked.

• After 1978:

• Parliament must debate and vote again every six months.
• Each renewal needs a special majority.

Revocation and limits

• By the President: the President can revoke (cancel) the emergency at any time by a later proclamation. Parliament's approval is not needed.
• Compulsory revocation (Art. 352(7)):
• If the Lok Sabha passes a resolution disapproving the proclamation, or disapproving its continuance, the President must revoke it [2].

• Only a simple majority is needed, meaning a majority of members present and voting.

• Special sitting (Art. 352(8)):

• Members who make up one-tenth of the total membership of the Lok Sabha can give written notice. The notice goes to the Speaker, or to the President if the House is not in session.

• A special sitting must then be held within 14 days to consider a disapproval resolution [2].

• The difference is deliberate:

• Keeping an emergency needs a special majority in both Houses, so it is hard.
• Ending one needs only a simple majority in the Lok Sabha, so it is easy.

In the Constitution and practice

• Where it sits: Art. 352 is in Part XVIII (Arts. 352–360). Its effects on the states and on rights are covered in Arts. 353, 358 and 359. The other two emergencies in Part XVIII are President's rule (Art. 356) and financial emergency (Art. 360).
• Origin: the Constituent Assembly debated it as Draft Article 275 on 2 August 1949. The Drafting Committee replaced the phrase "domestic violence" with "external aggression" and "internal disturbance" [2].
• Key amendments:
• 38th Amendment (1975) made two changes:
  • It added Art. 352(9), which allows several proclamations at once.
  • It made the President's "satisfaction" "final and conclusive", so no court could question it.
• 42nd Amendment (1976): allowed an emergency in only a part of India.

• 44th Amendment (1978) made five changes:

  • armed rebellion replaced internal disturbance [3];
  • written Cabinet advice became compulsory;
  • approval now needs a special majority within one month;
  • the emergency must be renewed every six months;
  • the Lok Sabha can end it by disapproval.

  It also deleted the "final and conclusive" clause.

• Emergencies so far [4]:

• 1962: war with China, from 26 October 1962 (external aggression).
• 1971: war with Pakistan, from 3 December 1971 (external aggression).
• 1975: declared on "internal disturbance", 25 June 1975 – 21 March 1977 [4]. It ran alongside the 1971 proclamation, which was still in force.

• No emergency has ever been declared on the ground of "armed rebellion".

• The 1975 lesson:

• The proclamation was signed late at night on 25 June.
• The Cabinet was told only at 6 a.m. on 26 June 1975, after it had already been issued.
• The government pointed to Jayaprakash Narayan's call to the police and army not to obey "illegal" orders.

• Art. 352(3) and the "armed rebellion" wording were added to stop both of these from happening again.

• Judicial review (the power of courts to check whether a government action follows the Constitution):

• Minerva Mills (1980): the Supreme Court struck down Sections 4 and 55 of the 42nd Amendment and held that judicial review is an essential feature of the Constitution [5]. It is the case usually cited for the rule that courts can review a proclamation made in bad faith (mala fide) or on wholly irrelevant grounds.

• S.R. Bommai (1994): this case was about Art. 356. It held that the President's satisfaction must rest on relevant material and can be checked by the courts. The same reasoning is applied to Art. 352 by analogy (because the situations are similar).

• Jammu and Kashmir (before 2019): a national emergency on internal grounds could cover J&K only with the concurrence (agreement) of the state government.

Don't confuse with

• President's rule (Art. 356): it is used when government in a state cannot be carried on as the Constitution requires. A national emergency is about a threat to the security of India from war, external aggression or armed rebellion.
• Financial emergency (Art. 360): it is used when India's financial stability or credit is threatened. It has nothing to do with war or rebellion.
• "Internal disturbance" vs "armed rebellion": "internal disturbance" was the old ground used in 1975. Since the 44th Amendment (1978), only "armed rebellion" counts, so ordinary unrest can no longer justify an emergency.
• Approval vs disapproval: approval needs a special majority in both Houses. Disapproval needs a simple majority in the Lok Sabha only, and the Rajya Sabha has no role in it.

Prelims Hooks

• Grounds under Art. 352(1): war, external aggression and armed rebellion. The 44th Amendment (1978) replaced "internal disturbance" with "armed rebellion" [3].
• Trap: the power to declare an emergency in only a part of India came from the 42nd Amendment (1976), not the 44th. Art. 352(9) (several proclamations at once) came from the 38th Amendment (1975).
• Art. 352(3): the President needs the written decision of the Union Cabinet (PM plus Cabinet-rank ministers under Art. 75). Advice from the PM alone is not enough [2].
• Approval: within 1 month (2 months before 1978), by special majority in each House. It must be renewed every 6 months, and there is no maximum period.
• Ending it: a Lok Sabha resolution passed by simple majority (Art. 352(7)). One-tenth of Lok Sabha members can demand a special sitting, which must be held within 14 days (Art. 352(8)) [2].
• Past emergencies: 1962 and 1971 were on external aggression, and 1975 was on internal disturbance [4]. None has been declared on armed rebellion.

Mains Points

• The 44th Amendment as a "never again" design. It moved control from the executive to Parliament in four ways:
• narrower grounds (armed rebellion instead of internal disturbance) [3];
• a written decision by the whole Cabinet, so a Prime Minister cannot act alone;
• a special majority in both Houses, renewed every six months;
• an easy exit through a simple-majority disapproval in the Lok Sabha.

Use this to show how the Constitution learned from 1975 (GS-II; GS-I for the Emergency itself).

• The safeguards still have limits:
• Renewals have no upper limit, so a government with two-thirds support in both Houses can keep extending an emergency.
• Courts check only for bad faith or irrelevant grounds, as in Minerva Mills (1980) [5] and Bommai (1994) applied by analogy. They will not question whether the threat really existed.

• Real protection still depends on Parliament, the courts, a free press and the voters. The 1977 election defeat after the Emergency is the classic example.

• Judicial review as a check:

• The 38th Amendment had made the President's satisfaction "final and conclusive". The 44th Amendment removed this.
• Minerva Mills made judicial review an essential feature of the Constitution [5].
• As a result, courts can still strike down a proclamation made in bad faith.

Related concepts

• Armed rebellion
• Parliamentary approval of national emergency
• Revocation of national emergency

Read more

• National emergency (Art. 352): grounds, proclamation, approval and revocation