National emergency of 1962
Topic: Emergency Provisions and President's Rule · NCERT: Beyond NCERT
Meaning
The national emergency of 1962 was India's first proclamation under Article 352. It was made on 26 October 1962, during the Chinese aggression, on the ground of external aggression. It was backed by the Defence of India Act 1962 and by Article 359 orders that suspended court enforcement of some rights. It matters because it stayed in force for years after the fighting ended.
Example
The 1962 emergency was not lifted after the war with China. It stayed in force through the 1965 war and was revoked only on 10 January 1968, which drew criticism. In Makhan Singh v. State of Punjab (1964), the Supreme Court held that even under the 1962 order a detainee could challenge detention on other grounds, such as breach of the law or bad faith.