Emergency Provisions

Article 352, part 18 in the Constitution of India, states that in certain circumstances where the President of India believes an immediate and drastic action is required, he can proclaim national emergency. These situations can be an external attack, armed revolt or when  war threatens the Indian security or its territories. This emergency provision does not affect just a part of the nation but directly impacts the entire country. Under the cabinet of ministers’ advice, many provisions of Indian consumption can be overruled by the country’s President, which guarantees fundamental rights to the people.

National Emergency – Grounds of Deceleration

According to article 352, part 18 of the Indian Constitution, if the President of the country suspects any grave situation where the country’s security is at stake, or it is threatened by wards, armed rebellion, or external aggressions, he/she has all the rights to proclaim a national emergency to control its effect. This emergency can either be declared on the entire nation or just a part of it. In case there is a national emergency, the effects are seen in most parts.

The President declares the national emergency before the war starts or the actual occurrence of any unfavourable event. However, this can only be declared on the written advice of the cabinet. There are mostly two types of national emergency. These include –

• External emergency – If the national emergency is declared on war grounds or external aggression, it is referred to as the eternal emergency. If the neighbouring countries or any other country of the world declares war against India, the President declares the situation as an “external emergency.’
• Internal emergency – In case the national emergency is declared on armed rebellion grounds, it is referred to as the internal emergency. In case the police or any other organisation starts revolting against the government of India, the President declares the citation of “internal emergency.”

Provisions related to the National Emergency

Here are the provisions related to the national emergency –

Parliamentary Approval

As mentioned earlier, if the country’s President suspects any grave situation where the overall country’s security is at stake, or it is threatened by wars, armed rebellion, or external aggressions, he has all the rights to porcelain national emergence to control its effect. Initially, the proclamation needs to remain in power for at least a month. During this one month, the cabinet is responsible for getting it approved by the parliament.

All the proclamation made under the 352 article needs to be laid before every parliamentary house and their approval is solicited with a majority in votes. If the parliament does not approve the proclamation, it cannot be implemented. If the proclamation is approved, it will remain in force for six months from the date the parliament approves it. Although the approval can be taken a number of times to get passed in  the parliament, this time period cannot extend for more than six months.

Proclamation Revocation of National Emergency

• The President can revoke the proclamation of emergency at any time. This proclamation does not require any approval from the parliament.
• If the Lok sabha decides to pass the disapproval resolution, the President is responsible for revoking it.

Conclusion

In this Introduction to emergency provisions, we discussed the significance of emergency provisions. Article 352, part 18 in the Constitution of India states that in certain circumstances where the president of India believes an emergency exit is required, he can proclaim national emergency. These situations can be an external attack, armed revolt or when the war threatens the Indian security or its territories.