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 23-Jan-2025

National Emergency

Indian Polity

Meaning 

  • Article 352: An emergency due to war, external aggression, or armed rebellion. 
  • The 44th Amendment Act of 1978 substituted the words "armed rebellion" for "internal disturbance." 

 Grounds of Declaration 

  • When the security of India or a part of it is threatened by war, external aggression, or armed rebellion. 

 Process of Declaration 

  1. Written recommendation (concurrence) from the Cabinet is required, not merely the advice of the Prime Minister. 
  2. Minerva Mills Case (1980): The proclamation of a national emergency can be challenged in a court of law on the grounds of being mala fide, extraneous, or absurd. 

 Approval 

  • The proclamation must be approved by both Houses of Parliament by a special majority (majority of total membership + majority of not less than two-thirds of members present and voting) within one month of its issue. 
  • If issued when the Lok Sabha is dissolved or the dissolution occurs during the one-month period, the proclamation survives until 30 days after the first sitting of the newly constituted Lok Sabha, provided the Rajya Sabha has already approved it. 

 Duration 

  • If approved by both Houses of Parliament by a special majority, the emergency continues for six months. 
  • It may be extended indefinitely with Parliamentary approval every six months. 

 Revocation 

  • The President may revoke it anytime by a subsequent proclamation, which does not need parliamentary approval. 
  • Emergency must be revoked if the Lok Sabha passes a resolution by a simple majority (majority of members present and voting) disapproving its continuation. 

 Centre-State Relations 

  1. Executive: The Centre becomes entitled to give executive directions to a State on "any matter." 
  2. Legislative: Parliament can make laws on any subject mentioned in the State List. If Parliament is not in session, the President can issue ordinances on such subjects. 
  3. State Legislatures are not suspended. However, the laws made by the Parliament on State subjects remain operative for six months after the emergency ends. 
  4. Financial: The President can modify the constitutional distribution of revenues between the Centre and the States. 

 Life of the Lok Sabha and State Assembly 

  • Parliament can extend the life of the Lok Sabha beyond its normal term (5 years) for one year at a time during an emergency. 
  • Same applies to State Legislative Assemblies. 
  • This extension ceases to operate six months after the emergency ends. 

Impact on Fundamental Rights 

  • Article 19 
  • Fundamental Rights under Article 19 are automatically suspended during National Emergency. 
  • Fundamental Rights under article 19 get restored immediately after the revocation of emergency. 
  • Laws inconsistent with Article 19 cannot be challenged in court during an emergency. 
  • As per the 44th Amendment Act, Article 19 can only be suspended when the emergency is declared on the grounds of war or armed rebellion. 

 Other Fundamental Rights 

  • Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. 
    • Thus, remedial measures are suspended but not the Fundamental Rights themselves. 
  • The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order. 
  • The suspension can be for the period during the operation of the emergency or for a shorter period. 
  • The 44th Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Articles 20 and 21.