Actual Article
Article 352: Proclamation of Emergency
(1) 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 or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.
(2) A Proclamation issued under clause (1) may be revoked or varied by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank) that such a Proclamation may be issued has been communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
- Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of one month referred to in this clause and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(5) A Proclamation so approved shall, unless revoked, cease to operate at the expiration of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4): - Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:
- Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.
(6) For the purposes of clause (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the Members of that House present and voting.
(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation.
(8) Where a Proclamation of Emergency is in operation, then during the period in which the Proclamation is in force, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised.
(9) Notwithstanding anything in this Constitution— - (a) the provisions of article 19 shall remain suspended so long as a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation;
- (b) nothing in clause (8) shall apply to the Proclamation of Emergency issued under clause (1) on the ground that the security of India or any part of the territory thereof is threatened by armed rebellion.
UPSC Notes for Article 352
Explanation:
- Proclamation of Emergency: Article 352 allows the President to declare a state of emergency if he is satisfied that the security of India or any part of it is threatened by war, external aggression, or armed rebellion.
- Cabinet Decision: The President can issue the Proclamation only after receiving a written recommendation from the Union Cabinet.
- Parliamentary Approval: The Proclamation must be approved by both Houses of Parliament within one month to remain in force. It can be extended by six-month periods with further parliamentary approval.
- Revocation: The President must revoke the Proclamation if the House of the People (Lok Sabha) passes a resolution disapproving it.
- Suspension of Fundamental Rights: Article 19 is automatically suspended during an emergency due to war or external aggression.
Key Points:
- National Security: Ensures that the government can take necessary actions to protect the nation during crises.
- Checks and Balances: Requires the involvement of the Union Cabinet and parliamentary approval, providing checks on the executive power.
- Fundamental Rights: Allows suspension of certain fundamental rights to address the emergency situation effectively.
Important Cases and Commissions Related to Article 352
Cases:
- Indira Gandhi vs. Raj Narain (1975): The Supreme Court upheld the validity of the emergency declared by Indira Gandhi, leading to significant legal and political consequences.
- Minerva Mills Ltd. vs. Union of India (1980): The Supreme Court ruled that judicial review cannot be excluded even during an emergency, emphasizing the need for checks on executive power.
Commissions:
- Shah Commission (1977): Investigated the excesses committed during the Emergency (1975-77) and made recommendations to prevent misuse of emergency powers.
Important Reports Related to Article 352:
- Shah Commission Report: Highlighted the misuse of emergency provisions and recommended reforms to prevent future abuses.
Previous Year Prelims Questions Related to Article 352
- (UPSC Prelims 2016) Under Article 352 of the Indian Constitution, who can declare a state of emergency?
A. The Prime Minister
B. The President
C. The Union Cabinet
D. The Parliament Correct Answer: B. The President - (UPSC Prelims 2018) What must the President consider before declaring a state of emergency under Article 352?
A. The opinion of the Supreme Court
B. The recommendation of the Prime Minister
C. The decision of the Union Cabinet
D. A resolution by the Parliament Correct Answer: C. The decision of the Union Cabinet
Previous Year Mains Questions Related to Article 352
- Mains 2016: “Discuss the constitutional safeguards provided under Article 352 to prevent the misuse of emergency powers. How do these safeguards balance national security and democratic principles?”
- Mains 2019: “Evaluate the impact of the 44th Amendment on the emergency provisions of the Indian Constitution, particularly Article 352. What changes were introduced to prevent the misuse of emergency powers?”
Additional Insights:
- Historical Context: The emergency declared in 1975-77 led to significant political and legal changes, highlighting the importance of checks on executive power.
- 44th Amendment Act: Introduced crucial safeguards, including requiring the President to act based on the written recommendation of the Union Cabinet and mandating parliamentary approval for emergency declarations.
- Judicial Review: Ensures that emergency declarations and actions taken under them are subject to judicial scrutiny, preventing potential abuses.
Understanding Article 352 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for declaring a state of emergency, highlighting the balance between national security and democratic safeguards. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the protection of the nation and the preservation of democratic principles within the Indian Constitution.