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

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