Emergency Provisions: National Emergency (Article 352)

Condition

• 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. 
• It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger. 

Type of National Emergency

1. External Emergency: When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency
2. Internal Emergency: When it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’.

Parliamentary Approval and Duration

• Both the houses of parliament must approve the proclamation of emergency within one month from the date of its issue.
• Suppose the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation. In that case, the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
• If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.

Revocation of Proclamation

• A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.

Majority

• Approval – Need special majority
• Revocation -Simple majority

Effects of National Emergency

1. Effects on the Centre-State Relations
   • Executive – Centre becomes entitled to give executive directions to a state on ‘any’ matter
   • Legislative – The parliament becomes empowered to make laws on the state list.
   • Financial – The president can modify the constitutional distribution of revenues between the centre and the states.
2. Effect on the Life of the Lok Sabha and State Assembly
   • The life of the Lok Sabha may be extended beyond the normal term for one year at a time but this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
   • This provision is also applicable in the case of Legislative assembly in the same way.
3. Effect on Fundamental Rights
   1. Suspension of Article 19 
      • As per Article 358, when a proclamation of National Emergency is made,fundamental rights under article 19 are automatically suspended and it will automatically be revived after the expiry of the emergency.
      • The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.
   2. Suspension of other Fundamental Rights
      • Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights..
      • The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21.