Article 352 of the Indian Constitution deals with the proclamation of a National Emergency. This article empowers the President of India to declare a National Emergency if the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. The declaration, however, is subject to certain conditions and parliamentary approvals, ensuring it’s not misused and remains a measure of last resort to safeguard the nation’s integrity and sovereignty.
Original Text
(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.
Explanation.—A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.
(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the people first sits after its reconstitution unless before the expiration of the said period a resolution approving the Proclamation has been also passed by the House of the People.
(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4):
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:
Provided further that if the dissolution of the House of the People takes place during any such period if six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.
(6) For the purposes of clause (4) and clause (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
(7) Notwithstanding anything contained in the foregoing clauses, where a Proclamation of Emergency is in operation, it shall be competent for the President to issue a Proclamation under clause (1) varying such Proclamation in respect of any part of the territory of India.
(8) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or armed rebellion, whether or not there is a Proclamation already in operation by virtue of clause (1).
Detailed Explanation
Article 352 is a crucial provision within the Indian Constitution that addresses the scenario of a grave emergency threatening the nation’s security. It outlines the process by which the President can declare a National Emergency, subject to several safeguards to prevent misuse. The grounds for proclamation are explicitly defined as war, external aggression, or armed rebellion.
The original text highlights several key aspects:
- Grounds for Proclamation: The emergency can be declared based on war, external aggression, or armed rebellion. The 44th Amendment Act of 1978 substituted ‘internal disturbance’ with ‘armed rebellion’ to make the grounds for proclamation more specific and less prone to misuse.
- Scope of Proclamation: The proclamation can be applied to the entire country or only a specific part of it.
- Imminent Danger: The proclamation can be issued even before the actual occurrence of war, external aggression, or armed rebellion if the President is satisfied that there is imminent danger.
- Revocation or Variation: A proclamation can be varied or revoked through a subsequent proclamation.
- Cabinet Decision: The President can only issue a proclamation after the Union Cabinet has communicated its decision in writing. This provision, inserted by the 44th Amendment, aims to prevent unilateral decisions by the Prime Minister.
- Parliamentary Approval: The proclamation must be laid before each House of Parliament and approved by resolutions passed by both Houses within one month. If the Lok Sabha is dissolved, the Rajya Sabha’s approval is sufficient, but the Lok Sabha must approve it within 30 days of its first sitting after reconstitution.
- Duration and Continuance: An approved proclamation remains in effect for six months and can be extended for further six-month periods with parliamentary approval.
- Special Majority: Resolutions approving the proclamation or its continuance require a special majority in both Houses, i.e., a majority of the total membership and a two-thirds majority of those present and voting.
- Multiple Proclamations: The President is empowered to issue different proclamations on different grounds, whether or not a proclamation is already in operation.
Detailed Notes
- Grounds for Declaration:
- War
- External Aggression
- Armed Rebellion (Previously “Internal Disturbance” before the 44th Amendment Act, 1978).
- Authority to Proclaim:
- The President of India.
- Based on written advice from the Union Cabinet (introduced by the 44th Amendment Act).
- Scope of Application:
- Entire India
- Part of India
- Parliamentary Approval Process:
- Must be laid before each House of Parliament.
- Approval by both Houses within one month of issuance.
- Special majority required for approval (majority of the total membership of the House and by a majority of not less than two-thirds of the members of that House present and voting).
- Duration and Extension:
- Initially valid for six months.
- Can be extended for further periods of six months with parliamentary approval.
- Revocation:
- Can be revoked by a subsequent proclamation.
- 44th Amendment Act, 1978:
- Replaced “internal disturbance” with “armed rebellion” as a ground for proclamation.
- Mandated written advice from the Cabinet before the President issues a proclamation.
- Introduced the special majority requirement for parliamentary approval.
- Explanation Clause:
- Allows for proclamation even before the actual occurrence of war, external aggression, or armed rebellion if there is an imminent danger.
- Multiple Proclamations:
- The President can issue different proclamations on different grounds, even if one is already in operation.
Additional Comments
- The provisions surrounding Article 352 have been significantly amended to prevent its misuse, particularly in light of the experiences during the Emergency period of 1975-1977.
- The requirement of a written Cabinet decision and the special majority requirement for parliamentary approval serve as crucial safeguards.
- The grounds for proclamation have been narrowed to prevent the invocation of emergency powers based on vague or broad interpretations of “internal disturbance.”
Article 352 enables the President to proclaim a National Emergency when the nation’s security is gravely threatened by war, external aggression, or armed rebellion. It necessitates the Union Cabinet’s written decision and parliamentary approval with a special majority. An approved proclamation is initially valid for six months but can be extended for additional six-month periods with renewed parliamentary approval. The article provides the mechanisms to address extraordinary circumstances while incorporating safeguards to prevent abuse, reinforcing the principles of constitutionalism and parliamentary democracy.