Article 352 of the Indian Constitution

Article 352 of the Indian Constitution provides the framework for proclaiming a National Emergency in India. This article empowers the President of In

Article 352 of the Indian Constitution: National Emergency

Article 352 of the Indian Constitution provides the framework for proclaiming a National Emergency in India. This article empowers the President of India to declare a state of emergency when the nation faces a grave threat due to war, external aggression, or armed rebellion. The article grants extraordinary powers to the Central Government to safeguard the nation's sovereignty, integrity, and security.

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Text of Article 352

"If the President is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war, external aggression, or armed rebellion, he may, by proclamation, make a declaration to that effect."

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Provisions of Article 352

1. Grounds for Proclamation:

   • War: When India is at war with another nation.
   • External Aggression: Hostile acts by a foreign nation, such as invasions or attacks, threatening India's sovereignty.
   • Armed Rebellion: Large-scale internal disturbances that threaten India's integrity.

2. Presidential Power:

   • The President can declare a national emergency based on written advice from the Union Cabinet.
   • A proclamation must be laid before both Houses of Parliament and approved within one month by a majority of members present and voting.

3. Duration and Renewal:

   • Once approved, the emergency remains in force for six months.
   • It can be extended indefinitely with parliamentary approval every six months.

4. Effect on Fundamental Rights:

   • Article 19 (freedom of speech, assembly, etc.) can be suspended during the emergency.
   • Other rights remain enforceable unless specified by the President under Article 359.

5. Executive and Legislative Powers:

   • The Union Government gains authority to direct states on governance matters.
   • Parliament assumes the power to make laws on subjects within the State List.

6. Revocation of Emergency:

   • The President may revoke the emergency at any time.
   • A special resolution by the Lok Sabha can also compel the President to revoke the emergency.

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Key Features of Article 352

1. Centralized Power:

   • During an emergency, governance becomes highly centralized, with the Union Government assuming greater control over states.

2. Suspension of Rights:

   • The emergency allows the suspension of certain fundamental rights, restricting individual freedoms for the larger interest of national security.

3. Parliamentary Oversight:

   • While the President declares the emergency, its continuation requires periodic parliamentary approval, ensuring some checks and balances.

4. Judicial Review:

   • The judiciary can review the validity of the emergency proclamation to ensure it is not arbitrary or unconstitutional.

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Historical Context of Article 352

1. Inclusion in the Constitution:

   • Dr. B.R. Ambedkar and the Constituent Assembly modeled Article 352 on similar provisions in Section 93 of the Government of India Act, 1935.

2. Use of Article 352:

   • 1962 (India-China War): National emergency declared due to external aggression.
   • 1971 (India-Pakistan War): Emergency proclaimed during the Bangladesh Liberation War.
   • 1975 (Internal Emergency): Declared by Indira Gandhi citing "internal disturbances," later criticized as a misuse of power.

3. 44th Amendment (1978):

   • Post-1975 Emergency, the 44th Amendment introduced significant safeguards to prevent misuse of Article 352:
     • Replaced "internal disturbances" with armed rebellion as a ground for proclamation.
     • Made Cabinet's written approval mandatory for recommending an emergency.
     • Allowed Parliament or state legislatures to call for the emergency's revocation.

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Effects of National Emergency Under Article 352

1. Impact on Governance:

   • The Central Government becomes the sole authority for administering the country.
   • State governments operate under the direct control of the Union.

2. Economic and Social Impact:

   • Economic priorities are aligned with emergency needs (e.g., war efforts).
   • Civil liberties and freedoms are curtailed to maintain order.

3. Military and Security Operations:

   • Enhanced focus on defense and security to counter threats effectively.
   • Deployment of armed forces without requiring state consent.

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Judicial Interpretation of Article 352

1. Kesavananda Bharati Case (1973):

   • The Supreme Court ruled that the basic structure of the Constitution, including democracy and individual rights, cannot be altered even during an emergency.

2. S.R. Bommai Case (1994):

   • The Court emphasized the limited scope of emergency powers and the importance of federalism, ensuring states' rights are not arbitrarily overridden.

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Conclusion

Article 352 of the Indian Constitution is a powerful provision designed to protect the nation during extraordinary crises. While it grants extensive powers to the Central Government, historical misuse has highlighted the importance of safeguards. With the 44th Amendment and judicial oversight, the balance between national security and individual freedoms has been restored, making Article 352 a vital but carefully regulated constitutional provision.