 |
| What is Article 352 of Indian constitution |
Article 352 of the Indian Constitution
Title: Proclamation of Emergency
🔷 Explanation of Article 352:
Article 352 empowers the President of India to proclaim a National Emergency if he is satisfied that the security of India or any part thereof is threatened by:
-
War,
-
External Aggression, or
-
Armed Rebellion (originally “internal disturbance”; amended by the 44th Amendment Act, 1978).
✅ Key Provisions:
| Clause | Provision |
|---|---|
| (1) | President can proclaim Emergency if satisfied that India’s security is threatened due to war, external aggression, or armed rebellion. |
| (2) | A Proclamation can be made even before actual war or aggression happens, if imminent danger is present. |
| (3) | Emergency must be approved by both Houses of Parliament within 1 month. |
| (4) | Once approved, Emergency is valid for 6 months, and can be extended with Parliament's approval every 6 months. |
| (5) | Revocation of Emergency is possible at any time by the President. |
| (6) | Lok Sabha can compel revocation by simple majority through a special resolution (added by 44th Amendment). |
🛑 Effects of Article 352 (National Emergency):
| Impact Area | What Happens During Emergency |
|---|---|
| Centre-State Relations | Centre can direct State Governments on any matter (even State List) |
| Legislative Powers | Parliament can make laws on any subject, including State subjects |
| Fundamental Rights | Article 19 is automatically suspended (except in case of Armed Rebellion – after 44th Amendment) |
| Duration of Lok Sabha | Parliament may extend Lok Sabha term beyond 5 years, during the Emergency |
| Financial & Executive Control | Union assumes greater control over finances and administration |
📝 Historical Use of Article 352:
| Year | Reason | Duration |
|---|---|---|
| 1962 | India-China War (external aggression) | 1962–1968 |
| 1971 | India-Pakistan War (external aggression) | 1971–1977 |
| 1975 | Internal Emergency (declared due to internal disturbance by Indira Gandhi) | 1975–1977 (controversial) |
⚖️ Safeguards Added by the 44th Amendment (1978):
-
“Internal disturbance” changed to “armed rebellion”
-
President must act only on written advice of the Cabinet
-
Emergency must be approved by Parliament within 1 month
-
Lok Sabha can revoke Emergency by simple majority resolution
Here is a comparison chart between Article 352 (National Emergency) and Article 356 (President's Rule / State Emergency) of the Indian Constitution:
🗂️ Comparison Chart: Article 352 vs Article 356
| Aspect | Article 352 | Article 356 |
|---|---|---|
| Title | Proclamation of Emergency (National Emergency) | Provisions in case of failure of constitutional machinery in States (President’s Rule) |
| Type of Emergency | National Emergency | State Emergency |
| Reason for Declaration | Threat to security of India due to: 🔹 War 🔹 External aggression 🔹 Armed rebellion | Breakdown of constitutional machinery in a State (i.e., State can't be run as per the Constitution) |
| Who Declares? | President of India, on advice of Union Cabinet | President of India, usually based on Governor’s report or otherwise |
| Applies To | Whole of India or part of the territory | One or more individual States |
| Approval Needed | Must be approved by both Houses of Parliament within 1 month | Must be approved by Parliament within 2 months |
| Duration | 6 months per approval; can be extended indefinitely with 6-month approvals | 6 months at a time; can be extended up to 3 years (with special conditions) |
| Impact on Fundamental Rights | Article 19 can be suspended, and others (via Article 359) | No direct impact on Fundamental Rights |
| Effect on State Government | Centre can direct any or all States | State Government is dismissed; President (Centre) takes over administration |
| Control Over State List | Parliament can legislate on State subjects | Centre runs the State administration directly |
| Examples | 1962 (Sino-Indian war), 1971 (India-Pakistan war), 1975 (Internal Emergency) | Used in Punjab (1987), Uttarakhand (2016), Maharashtra (1980), Arunachal Pradesh (2016) |
📝 Summary:
-
⚠️ Article 352 = National-level emergency due to war or rebellion → Impacts entire nation or a large region.
-
🛑 Article 356 = Emergency due to State constitutional failure → Impacts one specific State.
Follow Us