Indian Polity
National Emergency in India
Definition
National Emergency is a constitutional provision under Article 352 that allows the central government to assume extraordinary powers during times of war, external aggression, or armed rebellion. It transforms India from a federal structure to a unitary system temporarily, suspending normal constitutional functioning.
Overview
## National Emergency in India
National Emergency represents one of the most significant constitutional mechanisms in India, designed to address extraordinary situations threatening the nation's security and integrity. Enshrined in Article 352, it empowers the Union government to assume centralized control during crises.
### Constitutional Framework
The President can proclaim National Emergency on three grounds: war, external aggression, or armed rebellion. The 44th Constitutional Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' to prevent misuse. The proclamation requires written advice from the Union Cabinet and must be approved by both Houses of Parliament within one month.
### Effects and Implications
During emergency, India's federal structure transforms into a unitary system. The Union government can:
• Issue directions to state governments
• Modify financial arrangements between Center and states
• Extend Parliament's term beyond five years
• Suspend fundamental rights except Articles 20 and 21
### Historical Context
India has experienced National Emergency three times. The first two (1962, 1971) were due to external threats, while the 1975-77 Emergency under Indira Gandhi remains controversial for its impact on democracy, press freedom, and civil liberties. This period saw mass arrests, censorship, and suspension of elections.
### Safeguards and Reforms
Post-1977 constitutional amendments introduced safeguards including mandatory Cabinet approval, parliamentary oversight, and judicial review. The Supreme Court's 2018 judgment retrospectively declared the 1975 Emergency unconstitutional, reinforcing democratic values and constitutional supremacy.
National Emergency represents one of the most significant constitutional mechanisms in India, designed to address extraordinary situations threatening the nation's security and integrity. Enshrined in Article 352, it empowers the Union government to assume centralized control during crises.
### Constitutional Framework
The President can proclaim National Emergency on three grounds: war, external aggression, or armed rebellion. The 44th Constitutional Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' to prevent misuse. The proclamation requires written advice from the Union Cabinet and must be approved by both Houses of Parliament within one month.
### Effects and Implications
During emergency, India's federal structure transforms into a unitary system. The Union government can:
• Issue directions to state governments
• Modify financial arrangements between Center and states
• Extend Parliament's term beyond five years
• Suspend fundamental rights except Articles 20 and 21
### Historical Context
India has experienced National Emergency three times. The first two (1962, 1971) were due to external threats, while the 1975-77 Emergency under Indira Gandhi remains controversial for its impact on democracy, press freedom, and civil liberties. This period saw mass arrests, censorship, and suspension of elections.
### Safeguards and Reforms
Post-1977 constitutional amendments introduced safeguards including mandatory Cabinet approval, parliamentary oversight, and judicial review. The Supreme Court's 2018 judgment retrospectively declared the 1975 Emergency unconstitutional, reinforcing democratic values and constitutional supremacy.