EMERGENCY IN INDIA (Syllabus: GS Paper 2 – Polity)

Context: President of India, addressing a joint session of Parliament, described the imposition of National Emergency in 1975 as the country's "biggest and darkest chapter," reflecting on its historical significance and impact.

Emergency Provisions in India

• About: The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.
• During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre

National Emergency (Article 352)

• 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 or external aggression or armed rebellion.
• External Emergency: If the national emergency is declared based on the grounds of 'war' or 'external aggression,' it falls under the category termed as 'External Emergency.'
• Internal Emergency: Conversely, if the declaration is based on the grounds of 'armed rebellion,' it is categorized as an 'Internal Emergency.'
• 44th Amendment Impact: The term 'armed rebellion' was introduced in the 44th amendment, replacing the previous term 'internal disturbance' in the context of declaring emergencies.
• Parliamentary Approval: The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue
• Duration: The emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.
• Revocation of Proclamation: By the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.

Effects of National Emergency

• Centre can direct state executive actions during national emergency.
• Parliament can legislate on State List subjects during emergency.
• Parliament can extend Lok Sabha term beyond five years during emergency.
• Parliament can extend state assembly term during emergency.
• Article 358 suspends Article 19 Fundamental Rights during emergency.
• Article 359 suspends access to courts for Fundamental Rights enforcement during emergency.