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National Emergency

Indian constitutions emergency provisions are taken from Germany's Weimar Constitution. Indian constitution part 18 explains Emergency provisions from Article 352- 360.
  • 352- National emergency
  • 356- State emergency
  • 360- Financial emergency

National Emergency

  1. Grounds- war
  2. External aggression
  3. Armed rebellion
  4. If president feels that India’s security or any part of India’s security is in danger and not safe than he can proclaim emergency. There is no format to declare the emergency. The way president suits he can declare it.
  • War and External aggression

    Lets understand it with an example-
    If India and Pakistan openly accepts that they will use armed forces against each other is simply war.
    If there is no formal declaration that there will be armed forces used against a country is External aggression.
    And if because of these two grounds if emergency is proclaim is called as external emergency.
     
  • Armed Rebellion

    It is known as internal emeregency. This termed is inserted from 44th amendment. Before this term it was known as internal disturbance.
    So, National emergency has three grounds and in India only three times national emergency was proclaimed.

1st proclamation of emergency

  • China attack on India (October 1962- January 1968)
  • President announces this emergency on the grounds of Article 352’s external aggression.
  • Article 352- emergency
  • Article 359- suspension of fundamental rights (21 & 22)
  • Cant impose fundamental rights even through courts.
  • Leaders of opposition / members of previous parties are arrested i.e. (200people) on the ground that there activitie are against the national intrest.

On 21st October 1962 the war with China was over but this emergency wasn’t. The first emergency was running and in between India and Pakistan armed conflict has taken place.

In April 65-sep 65 it converted into war. After some time between both the countries a cease fire was happened and on January 6 all things were settled and normalization was there and an agreement was singed named as TASHKENT AGREEMENT. Now in both the countries everything was normal then too the 1st emergency was still in exits.

Slowly slowly from the burden of emergency people were getting frustrated because of that - public campaigns
  • Appeals
  • International focus has taken place. And due to all this on janurary 1968 government had dismissed the 1st emergency.

2nd proclamation of emergency

Pakistan attack on India- 3rd December 1971
It was imposed because between India and pakistan armed forces were already there. As emergency was declared for the secuirity of India Parliament has-
  • Maintenance of SA
  • Coffee POSA act
  • Govt defence of India rule has adopted.
These three act was made for the prevention of detention. After emergency because of this three act centre have many powers and they misuse of that power because of that these things have taken place:
  • Arrest
  • Custodial Death
  • Encounter
Like first emergency between India and pakistan the war was ended but emergency wasn’t over. 1974 President have told that under MISA noone can enforce their fundamental rights through courts. Before the revocation of 2nd emergency 3rd emergency was declared-

3rd Proclamation of Emergency

On 25 June 1975- 23 march 1977 ( internal disturbance)
Before this proclamation of emergency in June 1975 Allahbad HC had in election petition has held Indira Gandhi in corrupt practices and she was disqualified by her public office and in next 6 years she can't assume any public office. Indira Gandhi than took this order to Supreme Court but at that time Supreme Court was on vacation. And opposition people was demanded resignation and in all over the country wide spread agitation took place.

On 25th June 1975s night without the consent of the Council of Ministers Indra Gandhi had wrote an application to president. Generally, president have to Proclaim emergency he have to take Aid and Advice of the Council of Ministers. But this time only on the words of Prime Minister the emergency was proclaimed.

1975s Internal emergency was most restrictive and pressurize emergency.
  • Constitutional amendments
  • Fundamental rights were curtailed
  • Political opponents were arrested
  • Insensitive government programme
  • Press censorship
  • Emergency (president < cabinet of ministers) president satisfaction = final and conclusive
  • Safeguarding security of India
Finally on 23rd march 1977 this emergency was revoked.

Approval
Firstly, it passes through cabinet i.e. cabinet of ministers and prime ministers. If cabinet is satisfied with the grounds of Article 352 that this emergency should exits that he files a written advice to president that emergency should be issued.

If the president is satisfied with the written application than he can proclaim the emergency.

But this emergency should be continue or not it is decided by the parliament. (When Rajya Sabha and Lok Sabha with an special majority approves the emergency. Special majority = 50% of total strength of the house+ 2/3rd members present and voting)

This is included in 44th amendment. National emergency can exit for infinite period but in every six months it have to take permission by the parliament.

Revocation
After 44th amendment the approval of emergency was very tough but it is very easy to revoke it.
If the president thinks that on the basis of which the emergency was approved they are no more exits than he can immediately revoke the emergency.
If the Lok Sabha says that he disapproves this emergency that on the same day the emergency revokes.

Articles on National Emergency in India

  1. Three Types of Emergencies Under The Indian Constitution
  2. Emergency Provisions: Effects and Impact
  3. Position of Fundamental Rights during Emergency
  4. Judicial Review of Presidential Proclamation Under Article 322
  5. State emergency: Article 356 Indian Constitution

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