Article 352 Explained: When And How A National Emergency Can Be Imposed In India

India is commemorating 50 years of national emergency. At this moment it is crucial to look Article 352 of the Indian Constitution, which some believe is the constitutional pillar. This powerful provision allows the central government the prime authority to undertake measures in circumstances of national danger.

“Proclamation of Emergency”: Article 352

Article 352, forms a constituent of the Constitution’s Part XVIII which says about Provisions dealing with Emergency. It gives the President of India the power to issue a National Emergency in case if the security of the nation or any part of it is threatened by war, armed rebellion or external aggression. 

Through the 44th Constitutional Amendment Act of 1978, the original inclusion of the phrase “internal disturbance” as a reason for emergency was substituted by “armed rebellion”, due to its abuse during the Emergency of 1975.

Upon Article 352 being invoked:

The powers of the central government will enormously increase, it can also diminish the authority of state governments. In fact, the basic rights, specifically under Article 19 (freedom of speech and expression), can be suspended.

The Union government can legislate on topics in the State List. The finances and money can be centralised under Article 354.For avoiding the misuse, various constitutional safeguards were introduced after 1975 emergency.

A National Emergency has to be officially confirmed by both Houses of Parliament  Rajya sabha and Lok sabha within one month. After it gets approved, it is valid for six months and can be extended time and again with parliamentary approval after every six months.The President can declare an end to the national emergency whenever he likes without Parliament’s sanction.
But if 1/10th of Lok Sabha members insist, a special session of Lok Sabha has to be held to pass a vote on whether to bring an end to the Emergency or not.If Lok Sabha passes a resolution disapproving the Emergency, the President is obligated to withdraw it.

What is External and Internal Emergency

Depending on the intense of threat, a National Emergency can either be of the following two types:

An External Emergency will proclaim in case of war or foreign aggression where as an Internal Emergency will proclaim when there is armed rebellion against the country. In fact, both have far-reaching implications for governance, civil rights, and the federal balance.

Meanwhile, the legacy of the 1975–77 Emergency much condemned so far after many years for its excesses of authoritarianism continues to influence India’s democratic protections. The 44th Amendment, enacted after the Emergency, made it more difficult to invoke Article 352 by imposing tighter conditions, thus making it more difficult to abuse.

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