National Emergency: Grounds, Effects, and Judicial Review

TOPIC CLASSIFICATION

Subject: Indian Polity & Governance Sub-area: Emergency Provisions — Articles 352–360 Difficulty: Medium–Hard Weightage: High (2–3 Prelims + Mains — especially history + provisions)

EXAMINER REASONING

1. Trap: Believing the President can declare emergency only on written Cabinet recommendation — this was inserted by the 44th Amendment (1978), not in original Article 352.
2. Most confused: Internal disturbance vs armed rebellion vs war — grounds under Article 352 (44th Amendment replaced "internal disturbance" with "armed rebellion").
3. Key anchor: Article 352 — President can proclaim emergency if security of India or any part is threatened by war/external aggression/armed rebellion.
4. Current affairs hook: Discussions on "national security emergency" in context of internal security threats (Naxalism, Manipur violence) — though never invoked since 1975–77 emergency.
5. Mains hinge: "The Emergency of 1975–77 was a watershed moment that fundamentally altered India's constitutional fabric. Discuss the post-Emergency safeguards introduced."

Core Concept

Article 352 — Grounds

• War: Declared against India by external power
• External Aggression: Armed invasion / threat by foreign power
• Armed Rebellion: Replaced "internal disturbance" by 44th Amendment (1978)
• President's satisfaction: Originally subjective — made justiciable post-44th Amendment?

Important Amendments

• 44th Amendment (1978): Major reform
  • "Armed rebellion" instead of "internal disturbance"
  • President can proclaim only on written recommendation of Cabinet
  • Continuation requires parliamentary approval within 1 month
  • Emergency can be approved for max 6 months at a time by Parliament
  • Article 359: FR enforcement cannot be suspended for Articles 20 and 21
  • Article 358: Article 19 automatically suspended during emergency

Effects of National Emergency