Maarg Manthan · Topic 10.1

National Emergency (Article 352)

Indian Polity › Emergency Provisions · Topic 10.1

Under Article 352 the President can declare a National Emergency on war, external aggression or armed rebellion on the written recommendation of the Cabinet. Parliament must approve it within one month by a special majority, and it runs for six months at a time.

5 min read · UPSC Prelims · Polity · Emergency Provisions

At a Glance

What it is The emergency declared on war, external aggression or armed rebellion
Article Article 352 (Part XVIII)
Declared by The President, on the written recommendation of the Union Cabinet
Approval Both Houses within one month, by a special majority
Exam link UPSC Prelims, Polity: Emergency Provisions

Where Does It Fit?

This is the first topic of the category on Emergency Provisions. The Constitution stipulates three types of emergency: National Emergency (Article 352), President’s Rule (Article 356) and Financial Emergency (Article 360). In normal times India works as a federal system, but in an Emergency the Constitution is so designed that it works as though it were unitary.

Grounds of Declaration

Under Article 352, the President can declare a National Emergency when the security of India or a part of it is threatened by war, external aggression or armed rebellion. The President can declare it even before the actual occurrence of war, external aggression or armed rebellion, if satisfied that there is an imminent danger. The President can also issue different proclamations on these grounds, whether or not a proclamation is already in operation; this was added by the 38th Amendment Act of 1975.

When the emergency is declared on the ground of war or external aggression, it is known as External Emergency. When it is declared on the ground of armed rebellion, it is known as Internal Emergency. A proclamation may apply to the entire country or only a part of it; the 42nd Amendment Act of 1976 enabled the President to limit it to a specified part of India.

Safeguards Added in 1978

Originally the Constitution mentioned ‘internal disturbance’ as the third ground, but the expression was too vague. The 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. It is therefore no longer possible to declare a National Emergency on the ground of internal disturbance, as was done in 1975.

The President can proclaim a National Emergency only after receiving a written recommendation from the Cabinet, meaning the council of the Prime Minister and other ministers of Cabinet rank. In 1975 the then Prime Minister advised the President to proclaim emergency without consulting the cabinet, which was informed after the proclamation was made. The 44th Amendment introduced this safeguard to rule out the Prime Minister alone taking the decision.

Parliamentary Approval and Duration

Stage	Rule
Approval of proclamation	By both Houses within one month of issue (originally two months, reduced by the 44th Amendment)
Majority needed	Special majority in each House: majority of total membership plus two-thirds of members present and voting
If the Lok Sabha is dissolved	The proclamation survives until 30 days from the first sitting of the reconstituted Lok Sabha, provided the Rajya Sabha has approved it
Duration after approval	Six months, extendable indefinitely with approval every six months

Before the 44th Amendment, an emergency once approved by Parliament could remain in operation as long as the Executive desired, and approval could be given by a simple majority. The periodical approval and the special majority were introduced in 1978.

Revocation and Judicial Review

The President may revoke the proclamation at any time by a subsequent proclamation, which does not need parliamentary approval. The President must revoke it if the Lok Sabha passes a resolution disapproving its continuation. Where one-tenth of the total members of the Lok Sabha give a written notice to the Speaker, or to the President if the House is not in session, a special sitting must be held within 14 days to consider such a resolution. A resolution of disapproval is passed by the Lok Sabha alone and by a simple majority, whereas a resolution approving the proclamation or its continuation needs both Houses and a special majority.

The 38th Amendment Act of 1975 made the declaration of emergency immune from judicial review, but the 44th Amendment deleted this provision. In the Minerva Mills case (1980), the Supreme Court held that a proclamation can be challenged in court on the ground of malafide, or that the declaration was based on wholly extraneous and irrelevant facts, or is absurd or perverse.

Why Is This Topic Important?

Frequent theme Grounds, approval and duration are asked every few years
Link to 1975 Safeguards of 1978 answer the abuse of 1975
Basis of 10.2 to 10.7 Effects, rights and amendments build on this

What Came Next?

The next topic covers the effects of a National Emergency on Centre-state relations and on the life of the legislatures.

Key People and Terms

External Emergency Declared on war or external aggression
Internal Emergency Declared on armed rebellion
Imminent danger Enough to declare before actual war
Cabinet Council of PM and Cabinet-rank ministers for Article 352
Disapproval resolution Lok Sabha alone, simple majority

Exam Corner

Points to Remember

Grounds: war, external aggression, armed rebellion.
Written recommendation of the Cabinet is compulsory.
Approval within one month by special majority in both Houses.
Runs for six months, renewable without limit.

Do Not Confuse With

Armed rebellion and internal disturbance Armed rebellion replaced internal disturbance in 1978
Approval and disapproval resolutions Approval needs both Houses and special majority; disapproval needs Lok Sabha and simple majority
Cabinet and Council of Ministers Article 352 defines Cabinet narrowly

Memory Hook

War, aggression, rebellion: Cabinet writes, Parliament approves in a month by two-thirds, renews every six.

Mains Angle

Questions on this topic usually ask about safeguards against misuse. Use these points to add depth.

Unitary in emergency The federal system turns unitary
1978 safeguards Cabinet advice, armed rebellion, special majority, periodic approval
Judicial review Minerva Mills allows limited challenge
Lok Sabha control One-tenth notice and 14-day sitting

A Question You May Face

An original practice question, not a past paper question.

“Examine the safeguards introduced by the 44th Amendment against the misuse of the National Emergency provisions.”

How to Answer

Introduction Article 352 and 1975.
Safeguards Grounds, cabinet, majority, duration.
Review Minerva Mills.
Conclusion Balance of power and liberty.

GS Relevance

Prelims: Indian Polity, emergency provisions. GS Paper 2: Executive and Union-state relations.

Frequently Asked Questions

On what grounds can a National Emergency be declared?

Under Article 352, the President can declare a National Emergency when the security of India or a part of it is threatened by war, external aggression or armed rebellion. It can be declared even on imminent danger, before the actual event occurs.

Can the Prime Minister alone advise a National Emergency?

No. After the 44th Amendment Act of 1978, the President can proclaim a National Emergency only after receiving a written recommendation from the Cabinet, so the Prime Minister alone cannot advise it as happened in 1975.

Within what time must Parliament approve a National Emergency?

The proclamation must be approved by both Houses of Parliament within one month of its issue, by a special majority. Originally the period was two months, but the 44th Amendment Act of 1978 reduced it to one month.

How long does a National Emergency last?

Once approved by both Houses, the emergency continues for six months and can be extended indefinitely with the approval of Parliament every six months. No maximum period is prescribed, unlike President’s Rule, which has a three-year limit.

How can a National Emergency be revoked?

The President can revoke it at any time by a subsequent proclamation, and must revoke it if the Lok Sabha passes a resolution disapproving its continuation. One-tenth of Lok Sabha members can demand a special sitting within 14 days to consider such a resolution.

PYQ Practice — Statement Analysis

1 Internal disturbance is a ground for National Emergency under the present Article 352.

False

Replaced by armed rebellion in 1978.

2 A National Emergency can be proclaimed only on the written recommendation of the Cabinet.

True

The 44th Amendment safeguard.

3 Approval of a National Emergency needs only a simple majority.