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
- Written recommendation (concurrence) from the Cabinet is required, not merely the advice of the Prime Minister.
- 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
- Executive: The Centre becomes entitled to give executive directions to a State on "any matter."
- 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.
- State Legislatures are not suspended. However, the laws made by the Parliament on State subjects remain operative for six months after the emergency ends.
- 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
Other Fundamental Rights
|