National emergency was declared on June 25, 1975 under Article 352 of the constitution citing threats from internal disturbance.
- Earlier, two instances of proclamation of National Emergency were made during wars with China (1962) and Pakistan (1971).
About National Emergency
- Types: The Indian Constitution provides for three types of emergencies – National Emergency under Article 352, President’s Rule under Article 356 and Financial Emergency under Article 360.
- Proclamation: Proclaimed by the President if he/she believes that security of India or any part is threatened by war, external aggression, or armed rebellion.
- The phrase ‘Armed Rebellion’ was added by the 44th Constitutional Amendment Act (CAA), 1978 replacing the earlier ground of ‘Internal Disturbance’.
- Parliamentary Approval: Proclamation must be approved by both houses of Parliament within one month of issuance and if approved, emergency continues subject to parliamentary approval every six months.
- Resolutions approving emergency continuation require special majority in both the Houses (safeguard added under 44th CAA).
- Impact on Fundamental Rights
- Under Article 358, state can suspended protections under Article 19.
- Article 359 allows the state to suspend enforcement of fundamental rights conferred by Part III (except article 20 and 21 – a safeguard added by 44th CAA).
Constitutional Amendments During 1975 Emergency
Most of the constitutional amendments were reversed through 44th CAA enacted after the end of emergency. |
