National Emergency in Constitution

Article 352 of the Indian Constitution deals with emergency provisions arising from a threat to the security of India or any part of its territory.

What is National Emergency under Article 352?

A national emergency, as defined under Article 352 of the Indian Constitution, refers to a situation where the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. This provision grants the President of India the authority to declare a national emergency in such circumstances.

When the President is satisfied that a grave emergency exists, the proclamation of a national emergency may be issued. The President’s satisfaction can be based on various factors, including reports from the Governor of a state or other reliable sources. The proclamation of a national emergency can be extended to the entire country or specific parts thereof, depending on the nature and scope of the threat.

Once a national emergency is declared, it has significant implications for the functioning of the government and the rights of the citizens. The effects of a national emergency include the suspension of certain fundamental rights and the alteration of centre-state relations.

Conditions for Proclamation of National Emergency

Under Article 352, a national emergency can be proclaimed when the President, satisfied that a grave emergency exists, determines that the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. 

The proclamation may apply to the entire country or a specific region.

Effects on Fundamental Rights

Certain fundamental rights enshrined in the Constitution during a national emergency are temporarily suspended. Article 358 states that the six fundamental rights under Article 19, which include freedoms of speech, assembly, and movement, are automatically suspended upon the proclamation of a national emergency. 

However, Article 358 was amended by the 44th Amendment Act, clarifying that the suspension of Article 19 applies only in the case of war or external aggression, not armed rebellion.

Additionally, Article 359 empowers the President to suspend, by order, the right to move any court to enforce fundamental rights during a national emergency. 

However, the 44th Amendment Act prohibits the suspension of the right to move the court to enforce fundamental rights guaranteed by Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty). 

The suspension of enforcement applies only to those fundamental rights specified in the Presidential Order and can be for the duration of the emergency or a shorter period.

Effects on Center-State Relations

During a national emergency, there is a significant shift in the dynamics of centre-state relations. This shift can be observed in three areas:

• Executive: The central government gains the authority to issue executive directions to the states on any matter.
• Legislative: The Parliament is empowered to legislate on any subject mentioned in the State List, and the President can issue ordinances on state subjects if the Parliament is not in session. However, the laws made on state subjects by the Parliament became inoperative six months after the emergency.
• Financial: The President can modify the constitutional distribution of revenues between the centre and the states.

Historical Instances of National Emergency

India has witnessed the proclamation of a national emergency three times. The first proclamation was made in October 1962 during the Chinese aggression and remained in force until January 1968. The second proclamation occurred in December 1971 following the attack by Pakistan. The third proclamation was made in June 1975 and continued until its revocation in March 1977.

Summary

Article 352 of the Indian Constitution provides for emergency provisions in situations where the security of India or any part of its territory is threatened. A national emergency entails temporarily suspending certain fundamental rights and alters the dynamics of centre-state relations. 

While national emergencies have been proclaimed on a few occasions in India’s history, it is important to ensure that the imposition of such emergency measures is balanced with the principles of democracy, constitutional governance, and the protection of citizens’ rights.