National Emergency (Article 352) - Grounds, Procedure, Effects, and Historical Instances

National Emergency (Article 352) - Grounds, Procedure, Effects, and Historical Instances

Imagine this: the country faces a sudden external attack, or a serious armed rebellion breaks out in a region. Fast decisions are needed—about defence, law and order, supplies, and coordination between the Centre and States. In such extraordinary situations, the Constitution gives the Union temporary “extra power” to protect the nation. This is called a National Emergency under Article 352.

This article is extremely important for UPSC because it connects multiple syllabus areas at once—Emergency Provisions, Fundamental Rights, federalism, Parliament’s role, constitutional amendments (especially the 44th Amendment), and the 1975 Internal Emergency experience. This Polity note explains National Emergency Article 352 UPSC in a simple, exam-ready way: grounds, procedure, safeguards, effects, and historical instances (1962, 1971, 1975).

1. Definition

2. Historical Background: Why Emergency Powers Were Included

Emergency provisions in India did not come out of nowhere. The makers of the Constitution had seen how large countries can face sudden threats—war, invasion, internal violence, and breakdown of security. They also studied the emergency framework in the Government of India Act, 1935, which gave extensive powers to the Governor-General during emergencies.

At the same time, the Constitution makers were aware of a big risk: emergency powers can be misused. If emergency becomes an “easy shortcut,” it can weaken democracy, reduce liberties, and disturb the balance of federalism. So, the Constitution tried to create a middle path—enough power to protect the nation, but with parliamentary checks and time limits.

India’s own history later shaped these provisions strongly. The 1975 Internal Emergency became a major turning point. It showed how broad wording and weak safeguards could lead to abuse. As a response, the 44th Amendment (1978) made Article 352 safer and more democratic by tightening grounds, strengthening parliamentary control, and protecting key Fundamental Rights.

So, when UPSC asks about Article 352, it is not only about “what is written,” but also about why the Constitution changed after experience.

3. Article 352: Text and Meaning (Simplified)

Article 352 empowers the President to proclaim a National Emergency if the President is satisfied that the security of India or any part is threatened by war, external aggression, or armed rebellion. The proclamation can be issued even before the actual occurrence of war/aggression/armed rebellion if the threat is imminent.

Key points built into Article 352 (as amended) are:

• Territorial scope: Emergency can be declared for the whole of India or only for a specific part/region.
• Cabinet safeguard: The President must receive the decision of the Union Cabinet in writing (introduced by the 44th Amendment).
• Parliamentary approval: The proclamation must be approved by both Houses within a time limit using a special majority.
• Renewal system: If continued, it needs periodic parliamentary approval.
• Revocation: The President can revoke it, and the Lok Sabha has a strong power to force revocation through a disapproval resolution.

In simple words: Article 352 allows the nation to switch into “crisis governance mode,” but only temporarily and under Parliament’s control.

4. Grounds for Proclamation of National Emergency

4.1 War

War means a state of armed conflict between India and another country. War may be formally declared or may be a de facto situation of large-scale armed conflict. During war, quick national coordination is necessary—defence, economy, communications, supplies, and internal security.

• Example connection: The 1971 Emergency is linked to the war situation with Pakistan.

4.2 External Aggression

External aggression refers to external attack or invasion-like actions by another country, even if the conflict is not formally called a war. The idea is to cover situations where the security of India is threatened from outside, but the legal label “war” may not be used.

• Example connection: The 1962 Emergency was linked to external aggression during the India-China conflict.

4.3 Armed Rebellion (Post-44th Amendment)

After the 44th Amendment, the ground of “internal disturbance” was replaced with “armed rebellion”. This was a major democratic safeguard. “Internal disturbance” was considered too broad and vague—it could include protests, strikes, political instability, or law-and-order issues. “Armed rebellion” is narrower and more serious: it indicates organised, violent, armed resistance against the authority of the State that threatens national security.

Why this matters: It raises the threshold for declaring a National Emergency on internal grounds. Ordinary law-and-order problems should be handled under normal laws, not through Article 352.

5. The 44th Amendment (1978): The Big Safeguard Reform

The 44th Constitutional Amendment Act, 1978 is the most important amendment for Emergency provisions. It was a direct response to the experience of the Internal Emergency 1975-77. UPSC frequently asks what the 44th Amendment changed and why.

Main changes relevant to National Emergency include:

• Ground tightened: Replaced “internal disturbance” with “armed rebellion”.
• Cabinet decision in writing: The President can proclaim Emergency only after receiving written advice from the Union Cabinet (not just the Prime Minister).
• Stronger parliamentary approval rules: Approval requires a special majority and must be within a strict timeline.
• Article 19 protection: Automatic suspension of Article 19 (via Article 358) happens only when Emergency is declared on war or external aggression, not for armed rebellion.
• Protection of Articles 20 and 21: Even under Article 359, the right to move courts for enforcement of Articles 20 and 21 cannot be suspended.
• Lok Sabha’s power to force revocation: If the Lok Sabha passes a disapproval resolution, the Emergency must be revoked. Also, a special sitting can be demanded by a minimum number of members.
• Judicial review space: The earlier attempt to make emergency proclamations beyond court scrutiny was weakened; courts can review on limited grounds like mala fide or irrelevant material.

UPSC takeaway: 44th Amendment made Emergency provisions more balanced by ensuring that security needs do not crush democracy.

6. Procedure for Proclamation (Step-by-Step)

The procedure under Article 352 is designed to ensure the decision is not casual and is controlled by Parliament.

6.1 Step 1: Union Cabinet Decision

The process begins with a decision by the Union Cabinet. After the 44th Amendment, the President must receive the Cabinet’s advice in writing. This reduces the chance of a single-person decision and creates documentary responsibility.

6.2 Step 2: President Issues Proclamation

If satisfied about the threat, the President issues a Proclamation of Emergency. It can cover the whole of India or only a part. Also, it can be issued even when the threat is imminent, not only after the event has fully unfolded.

6.3 Step 3: Proclamation Must Be Laid Before Parliament

The proclamation must be placed before both Houses of Parliament. This ensures immediate legislative scrutiny.

6.4 Step 4: Parliamentary Approval Within One Month

The proclamation must be approved by both Houses within one month. If it is not approved within this time, it stops operating.

6.5 Step 5: Special Majority Requirement

Approval requires a special majority in each House:

• Majority of the total membership of that House, and
• Majority of not less than two-thirds of members present and voting.

This is a very high threshold and acts as a strong democratic check.

6.6 Special Situation: If Lok Sabha Is Dissolved

If the Lok Sabha is dissolved at the time of proclamation or within the approval period, the Rajya Sabha can approve it. But the newly constituted Lok Sabha must approve it within a set time after it meets, otherwise the Emergency cannot continue. This prevents a situation where Emergency continues for long without the directly elected House’s approval.

7. Duration and Revocation

7.1 Duration

Once approved by Parliament, the National Emergency continues for six months. It can be extended for another six months each time by passing fresh approval resolutions with the same special majority.

In theory, it can continue for a long period, but practically it needs repeated parliamentary approval, which acts as a political and constitutional control.

7.2 Revocation

There are three main ways a National Emergency ends:

• Presidential revocation: The President can revoke the proclamation at any time by issuing a new proclamation.
• Lok Sabha disapproval: If the Lok Sabha passes a resolution disapproving the Emergency, it must be revoked.
• Non-approval / non-extension: If Parliament does not approve within the timeline or does not extend it after six months, it ends automatically.

A key safeguard introduced after 1975 is the ability of Lok Sabha members to demand a special sitting for a disapproval motion. This ensures that even if the government tries to avoid discussion, Parliament can be compelled to meet and decide.

8. Effects on Fundamental Rights (Most Exam-Relevant Part)

The moment National Emergency is proclaimed, students often assume “Fundamental Rights are suspended.” That is not fully correct. The effects depend on Article 358 and Article 359, and on the ground of Emergency.

8.1 Article 358: Automatic Impact on Article 19 (Limited After 44th Amendment)

Article 358 provides that when a National Emergency is declared on the ground of war or external aggression, the freedoms under Article 19 are automatically affected during the Emergency. This means the State gets wider power to make laws or take executive actions that would otherwise be restricted by Article 19.

Important post-44th rule: If the Emergency is declared on the ground of armed rebellion, Article 19 is not automatically affected under Article 358.

Meaning in exam language: Article 19 protections are “automatically relaxed” only for external emergencies (war/external aggression), not for internal armed rebellion emergencies.

8.2 Article 359: Suspension of the Remedy (Right to Move Courts) for Certain Rights

Article 359 is different. It does not directly suspend Fundamental Rights. Instead, it allows the President to suspend the right to move any court for enforcement of specified Fundamental Rights for the duration mentioned in the order.

So the key difference is:

• Article 358: Automatic effect on Article 19 (only for war/external aggression).
• Article 359: President issues a separate order; it suspends the enforcement (remedy) of specified rights, not necessarily the rights themselves.

8.3 Articles 20 and 21 Cannot Be Suspended (44th Amendment Protection)

After the 44th Amendment, even during National Emergency, an order under Article 359 cannot suspend the right to move courts for enforcement of:

• Article 20 (protection in respect of conviction for offences), and
• Article 21 (protection of life and personal liberty).

This is a constitutional guarantee that even in the worst crisis, the State cannot remove basic protections against arbitrary punishment and arbitrary deprivation of life and liberty.

8.4 Key Lessons from the 1975 Experience (Case Law Angle)

During the 1975 Emergency, enforcement of several rights was practically blocked through presidential orders. In the famous ADM Jabalpur (Habeas Corpus) case (1976), the Supreme Court held that during the Emergency, if enforcement of Article 21 was suspended, a person could not approach the court even against illegal detention. This judgment became a symbol of how emergency powers could harm civil liberties.

Later constitutional and judicial developments rejected this approach. In modern constitutional understanding, Articles 20 and 21 are treated as non-negotiable in enforcement even during Emergency, and the 44th Amendment placed this protection clearly into the text of Article 359.

8.5 Quick Table: Fundamental Rights During National Emergency

9. Effects on Centre-State Relations (Federal Balance Shifts)

National Emergency significantly shifts India’s federal balance towards the Centre. The idea is “unified command” during a national crisis.

9.1 Article 353: Expansion of Union Executive and Legislative Power

When National Emergency is in operation:

• Union executive power expands: The Centre can give directions to any State on how to use its executive power.
• Parliament can legislate on State List: Parliament gets the power to make laws on subjects in the State List for the whole or part of India affected by the Emergency.

This is one of the most direct impacts on federalism. Normally, State List is primarily for States. During Emergency, this boundary is temporarily relaxed.

9.2 Article 354: Changes in Financial Distribution

The President may modify the distribution of revenues between the Centre and States as provided in the Constitution. Such orders must be laid before Parliament. The purpose is to manage national resources in a crisis situation.

9.3 Extension of Tenure of Legislatures

During a National Emergency, Parliament can extend the term of the Lok Sabha (and State Legislative Assemblies) by law for one year at a time. But such extension cannot go beyond six months after the Emergency ends. This ensures that elections are not postponed indefinitely.

9.4 What Does Not Happen: States Do Not Disappear

Even during National Emergency, States continue to exist, State governments continue, and constitutional institutions remain. National Emergency is not the same as dissolving States or imposing President’s Rule everywhere. It is mainly about shifting extra powers to the Centre for coordinated action.

10. Parliamentary Control and Democratic Checks

Because Emergency powers are strong, the Constitution creates multiple checks through Parliament and other safeguards.

10.1 Special Majority Approval

The requirement of special majority in both Houses ensures the ruling party cannot easily push Emergency unless it has broad parliamentary support or can convince a large section of members.

10.2 Time-Bound Approval and Six-Month Renewal Cycle

The one-month approval rule and the six-month renewal system ensure continuous democratic oversight. Emergency cannot run on “auto mode” without Parliament repeatedly agreeing.

10.3 Lok Sabha Disapproval Mechanism

The Lok Sabha has a direct power to force revocation. This is crucial because Lok Sabha represents the direct mandate of the people. Even if the government wants Emergency to continue, it cannot continue against the explicit will of the Lok Sabha majority.

10.4 Political Accountability Through Debate and Public Scrutiny

Emergency proclamations become major political events. Even when formal approvals exist, governments face public debate, media scrutiny (to the extent allowed), and long-term political consequences. The 1977 election result is often seen as an example of democratic correction after a controversial Emergency period.

10.5 Judicial Review (Limited but Important)

Courts generally do not question policy wisdom during crisis, but they can examine whether the proclamation was based on relevant material and whether there was mala fide intent. The 44th Amendment and later constitutional practice keep the principle that no power is completely beyond scrutiny.

11. Historical Instances of National Emergency in India

India has proclaimed National Emergency three times. UPSC expects you to know year, ground, context, and when revoked.

11.1 1962: Emergency on External Aggression (India-China Conflict)

When: Proclaimed in October 1962.

Ground: External aggression.

Context: The India-China conflict created a major national security challenge. The Emergency was used to strengthen national coordination.

Duration: Although the immediate conflict period was limited, the Emergency continued for several years and was finally revoked in January 1968.

UPSC angle: Shows that Emergency can continue beyond the immediate war-like situation, raising questions about duration control (hence the importance of later safeguards).

11.2 1971: Emergency on War / External Aggression (India-Pakistan War Context)

When: Proclaimed in December 1971.

Ground: War (linked to conflict with Pakistan).

Context: The war situation required strong national planning and coordination. This Emergency continued even after the war ended.

Duration: It remained in force until March 1977.

UPSC angle: Important example that one Emergency can remain in operation for a long period and can even overlap with another proclamation.

11.3 1975: “Internal Emergency” (Then Based on Internal Disturbance)

When: Proclaimed in June 1975.

Ground at that time: Internal disturbance (this term was later replaced by armed rebellion through the 44th Amendment).

Context (broad understanding): The period saw intense political conflict, protests, and claims of threats to national stability. The Emergency period involved large-scale use of preventive detention, press restrictions, and strong executive control. It is remembered as the most controversial use of Article 352 in independent India.

Overlapping emergencies: The 1971 Emergency was still in force when the 1975 Emergency was proclaimed, so India was under two proclamations simultaneously.

End: Revoked in March 1977.

Why it changed the Constitution: The experience led to stronger safeguards in the 44th Amendment. The Constitution tried to ensure that National Emergency is not used as a political instrument, and that core rights like Articles 20 and 21 remain enforceable.

11.4 Summary Table of the Three Emergencies

12. Comparison Table (Most Useful for Revision)

UPSC frequently mixes Emergency provisions in MCQs. This table helps you revise quickly.

13. Significance of Article 352 (Why It Exists and Why It Must Be Controlled)

Why it exists: A nation cannot fight war, repel aggression, or defeat armed rebellion if governance remains slow and divided. Article 352 provides a constitutional method to centralise action temporarily, without breaking the Constitution.

Positive significance:

• National unity in crisis: One coordinated command helps faster decisions.
• Resource mobilisation: Financial and administrative resources can be redirected to priority needs.
• Uniform legal approach: Parliament can act even on State subjects if the crisis demands it.

Why control is essential: Emergency powers can reduce liberty and concentrate power. If misused, it can damage democratic culture. That is why the 44th Amendment safeguards and parliamentary control are not “extra details” but the heart of the topic for UPSC.

Balanced conclusion: Article 352 is like a “fire alarm system.” It is necessary when there is real fire. But if used casually, it becomes dangerous. The Constitution aims to keep it powerful, but rare and accountable.

14. PYQs (Previous Year Questions) with Model Answers

15. MCQs (10 Questions) with Answers and Explanations

1. Which of the following are valid grounds for National Emergency under Article 352 (as it stands today)?

   • A. War
   • B. External aggression
   • C. Internal disturbance
   • D. Armed rebellion

   Answer: A, B, D

   Explanation: After the 44th Amendment, “internal disturbance” was replaced by “armed rebellion.”

2. Parliamentary approval of a National Emergency proclamation must be given within:

   • A. 14 days
   • B. 1 month
   • C. 2 months
   • D. 6 months

   Answer: B

   Explanation: Article 352 requires approval by both Houses within one month, otherwise it lapses.

3. The approval of National Emergency under Article 352 requires:

   • A. Simple majority
   • B. Special majority (total membership + 2/3 present and voting)
   • C. Unanimous vote
   • D. Only Lok Sabha approval

   Answer: B

   Explanation: Special majority is required in each House to approve and extend National Emergency.

4. Article 19 is automatically affected during National Emergency only when the Emergency is declared due to:

   • A. Armed rebellion
   • B. War or external aggression
   • C. Any emergency
   • D. Financial instability

   Answer: B

   Explanation: After the 44th Amendment, Article 358 applies only to war/external aggression.

5. Which statement best describes Article 359?

   • A. It automatically suspends all Fundamental Rights
   • B. It suspends Article 19 in all emergencies
   • C. It allows suspension of the right to move courts for enforcement of specified Fundamental Rights
   • D. It dissolves the Lok Sabha during Emergency

   Answer: C

   Explanation: Article 359 deals with suspension of enforcement (remedy), not automatic suspension of all rights.

6. During National Emergency, enforcement of which of the following rights cannot be suspended even by an order under Article 359?

   • A. Article 14
   • B. Article 19
   • C. Article 20 and Article 21
   • D. Article 22

   Answer: C

   Explanation: 44th Amendment protected enforcement of Articles 20 and 21.

7. National Emergency can be proclaimed for:

   • A. Only the whole of India
   • B. Only border States
   • C. Whole of India or any part of India
   • D. Only Union Territories

   Answer: C

   Explanation: Proclamation may apply to the whole country or a specific region.

8. Which of the following is a key safeguard introduced by the 44th Amendment regarding the President’s proclamation of National Emergency?

   • A. Oral advice of Prime Minister is sufficient
   • B. Written advice of Union Cabinet is required
   • C. No parliamentary approval is needed
   • D. Only Supreme Court can approve it

   Answer: B

   Explanation: Written Cabinet advice requirement ensures collective decision-making and accountability.

9. Which of the following National Emergencies in India is popularly called the “Internal Emergency”?

   • A. 1962
   • B. 1971
   • C. 1975
   • D. 1991

   Answer: C

   Explanation: The 1975 proclamation was based on the then-ground of internal disturbance and is known as the Internal Emergency.

10. Which body can force revocation of National Emergency through a disapproval resolution?

    • A. Rajya Sabha
    • B. Lok Sabha
    • C. Supreme Court
    • D. State Legislative Assembly

    Answer: B

    Explanation: Lok Sabha’s disapproval resolution is a major post-44th democratic safeguard.

16. Final Takeaway (Exam-Ready Points)

• Article 352 allows National Emergency when security of India/part is threatened by war, external aggression, or armed rebellion.
• 44th Amendment is central: replaced internal disturbance with armed rebellion, required written Cabinet advice, protected enforcement of Articles 20 and 21, and strengthened Lok Sabha control.
• Approval: Must be approved by both Houses within 1 month by special majority; continues for 6 months and needs repeated extensions.
• Fundamental Rights: Article 19 is automatically affected only for war/external aggression; enforcement of some rights may be restricted via Article 359, but 20 and 21 remain enforceable.
• Federal impact: Centre gains stronger control (Articles 353, 354), Parliament can legislate on State List, and legislature terms can be extended within limits.
• Historical instances: National Emergency was proclaimed in 1962, 1971, and 1975, with 1975 being the most controversial and reform-triggering.