State of Emergency in India - National Emergency Under Article 352

National Emergency Under Article 352

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), and 1975 (declared by Indira Gandhi to escape conviction). The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. It modifies the federal system of government to a unitary one.

In January 1977 however, during the emergency declared controversially by Indira Gandhi, the government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas corpus. Chief Justice Hans Raj Khanna defended the Right to Life and asked: "Life is also mentioned in Article 21 and would Government argument extend to it also?". The Attorney General observed: "Even if life was taken away illegally, courts are helpless".

The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of one year but not more than six months from the date when the emergency has ceased to exist.

State Emergency Under Article "356" State emergency is declared on failure of constitutional machinery in a state. Nearly every state in India has been under a state of emergency at some point of time or the other. The state of emergency is commonly known as 'President's Rule'.

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can declare emergency in the state. Such an emergency must be approved by the Parliament within a period of two months.

It is imposed for six months and can last for a maximum period of three years with repeated parliamentary approval every six months. But 42nd amendment act of 1976 extended the one time duration of state emergency from 6 months to 1 year. Therefore from now on after every 1 year Parliament needs to approve the same. If the emergency has to be extended for more than three years, it can be done by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.

During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. the Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.In this situation ministers of state legislature are not allowed to perform action in state.