A National Emergency in India, as specified in Article 352 of the Constitution, is a provision that empowers the President to declare a state of emergency when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. This extraordinary power is granted to address situations that pose a severe threat to the nation’s integrity and stability.
1. Grounds for Proclamation:
- War: The term “war” refers to a situation of declared war or an armed conflict with another country.
- External Aggression: This involves a situation where another country attacks or invades India.
- Armed Rebellion: This pertains to internal armed conflicts or rebellions against the authority of the government.
2. Proclamation by the President:
- The President has the authority to proclaim a National Emergency if they are satisfied that the security of India or any part thereof is threatened by the specified grounds.
- The President can act on the advice of the Cabinet or independently when they believe the situation demands immediate action.
3. Effect on Fundamental Rights:
- The proclamation of a National Emergency has a significant impact on the fundamental rights of citizens.
- The President can suspend the enforcement of fundamental rights guaranteed by Articles 14, 19, 21, and 22 during the emergency period.
4. Effect on Federal Structure:
- The distribution of legislative powers between the center and states can be altered during a National Emergency. The Parliament gains the power to legislate on matters in the State List.
- The executive authority of the states can be subordinated to the center, and the President can issue orders to the states.
5. Duration and Parliamentary Approval:
- The proclamation of a National Emergency must be approved by both houses of Parliament within one month.
- Initially, a National Emergency is valid for six months. It can be extended indefinitely with parliamentary approval every six months.
- The continuance of the emergency beyond one month requires a resolution approved by a special majority in both houses of Parliament.
6. Judicial Review:
- The courts have the power of judicial review to ensure that the emergency powers are not misused. The President’s satisfaction about the existence of a threat is subject to scrutiny by the judiciary.
7. Lok Sabha Dissolution:
- If a proclamation of a National Emergency is made when the Lok Sabha (lower house of Parliament) is dissolved or if the dissolution takes place during the emergency, the emergency continues for one month.
8. Special Provisions in Emergencies:
- The President can issue directions for the defense of India or any part thereof. It may include empowering the center to take control of resources and services for defense purposes.
National Emergencies have been declared in India three times – in 1962 (Indo-China War), 1971 (Indo-Pakistan War), and 1975-1977 (Internal Emergency). The imposition of a National Emergency is a drastic step, and its use is intended to be reserved for extreme and critical situations threatening the nation’s security.
