Detailed Summary: National Emergency in India (Article 352)

 Detailed Summary: National Emergency in India (Article 352)

**1. Definition and Scope:**

*   National Emergency under Article 352 of the Indian Constitution.
*   Can be declared for the entire country or a specific part of the territory.
*   Grounds for Declaration:
    *   External aggression (war or external attack).
    *   Internal disturbance (or "internal rebellion" as amended - originally "internal armed rebellion", later changed to "internal disturbance" and then back to "armed rebellion").

**2. Declaration and Parliamentary Approval:**

*   Declared by the President of India.
*   Based on a written recommendation from the Cabinet.
*   Parliamentary Approval Requirement:
    *   Must be approved by both houses of Parliament within one month of declaration.
    *   Approval must be through a resolution passed by a special majority in each house (more than 50% of total membership and 2/3rd of members present and voting).
    *   If Lok Sabha is dissolved at the time of declaration, Rajya Sabha must approve it, and the newly formed Lok Sabha must approve it within 30 days of its first sitting.
    *   Resolution can be introduced in either house of Parliament first.
    *   No joint sitting of Parliament is allowed for the approval of a National Emergency resolution. Both houses must approve separately. If one house rejects, the resolution fails.

**3. Duration and Extension:**

*   Initial duration of a National Emergency is six months from the date of approval by the second house of Parliament.
*   Can be extended beyond six months for indefinite periods.
*   Extension requires parliamentary approval every six months.
*   Each extension must be approved by a special majority in both houses of Parliament.
*   Minimum duration of National Emergency is six months.
*   No maximum duration limit; can continue indefinitely with periodic parliamentary approvals.

**4. Revocation/Withdrawal of Emergency:**

*   Revocation by President:
    *   The President can revoke a National Emergency at any time through a subsequent proclamation.
    *   No parliamentary approval is required for Presidential revocation.
*   Revocation by Lok Sabha (introduced by 44th Amendment, 1978):
    *   1/10th of the total members of Lok Sabha can give a notice for a resolution disapproving the continuation of the Emergency.
    *   Notice is given to the Speaker if Lok Sabha is in session, or to the President if Lok Sabha is not in session.
    *   Lok Sabha must be specially convened within 14 days to consider the resolution.
    *   If Lok Sabha passes a resolution disapproving the Emergency's continuation by a simple majority (more than 50% of members present and voting), the Emergency is revoked.
    *   Rajya Sabha's approval is NOT needed for revocation initiated by Lok Sabha.
    *   Once revoked (by President or Lok Sabha resolution), no further parliamentary approval is needed for the revocation to be effective.

**5. Effects of National Emergency:**

*   **Executive Power:**
    *   Center gains power to give executive directions to any State on any matter.
    *   Normally, Center can only give directions on specific subjects.
*   **Legislative Powers:**
    *   Parliament can legislate on any subject in the State List (normally under state jurisdiction).
    *   Laws made by Parliament on State List subjects during a National Emergency cease to operate six months after the emergency ends (unless re-enacted by state legislature or Parliament).
*   **Financial Relations:**
    *   President can modify the constitutional distribution of revenues between the Center and States.
    *   Such modifications continue until the end of the financial year in which the Emergency ceases to operate.
*   **Term of Lok Sabha and State Legislative Assemblies:**
    *   Term of Lok Sabha and State Legislative Assemblies can be extended by Parliament by law for a period not exceeding one year at a time, for any duration.
    *   Extension can continue beyond the emergency period for a maximum of six months.
*   **Fundamental Rights:**
    *   Article 358: Article 19 (freedom of speech, etc.) is automatically suspended during a National Emergency declared on grounds of external aggression (war or external attack).  Suspension is for the duration of the emergency. After 44th Amendment, suspension of Article 19 only applies to laws related to the emergency, and executive action taken under such laws.
    *   Article 359: President can suspend the right to move any court for the enforcement of Fundamental Rights (except Articles 20 and 21, after 44th Amendment) during a National Emergency. This suspension can apply to all or specified Fundamental Rights and can be for the entire emergency period or a shorter duration.
    *   Crucially, after the 44th Amendment (1978), Articles 20 (protection in respect of conviction for offenses) and 21 (protection of life and personal liberty) CANNOT be suspended under any circumstances during a National Emergency. This provision is inspired by Japan.

**6. Judicial Review:**

*   Pre-1978 (before 44th Amendment): Scope of judicial review was debated.
*   Post-44th Amendment (1978):
    *   For National Emergency declared due to *external aggression*, Supreme Court's power of judicial review is *not* revoked.
    *   For National Emergency declared due to *internal disturbance*, Supreme Court's power of judicial review is technically revoked (though this is a complex and debated point regarding the 38th and 44th Amendments and judicial interpretation - the transcription states it is revoked, but modern interpretation is more nuanced regarding basic structure etc.).

**7. Instances of National Emergency in India (Three Declarations):**

*   **First National Emergency (1962-1968):**
    *   Declared on October 26, 1962. Revoked on January 10, 1968 (effective revocation date often cited as January 8, 1968).
    *   Reason: External aggression - Sino-Indian War (China's aggression in Jammu and Kashmir).
    *   President: Dr. Sarvepalli Radhakrishnan.
    *   Prime Minister: Jawaharlal Nehru.
*   **Second National Emergency (1971-1977):**
    *   Declared on December 3, 1971. Revoked on March 21, 1977.
    *   Reason: External aggression - Indo-Pakistani War (War with Pakistan).
    *   President: V.V. Giri.
    *   Prime Minister: Indira Gandhi.
*   **Third National Emergency (1975-1977):**
    *   Declared on June 26, 1975. Revoked on March 21, 1977.
    *   Reason: Internal disturbance - "Disturbed conditions" (controversial internal emergency during Indira Gandhi's rule).
    *   President: Fakhruddin Ali Ahmed.
    *   Prime Minister: Indira Gandhi.
*   **Overlapping Emergencies (1975-1977):** From June 26, 1975 to March 21, 1977, India was under National Emergency for *both* external (1971 Emergency continued) and internal reasons (1975 Emergency).

**8. Context of the 1975 Internal Emergency (Indira Gandhi's Emergency):**

*   Factors leading to the 1975 Emergency:
    *   Nav Nirman Movement (Gujarat): Anti-corruption movement led by Morarji Desai.
    *   Sampoorna Kranti/Total Revolution Movement (Bihar & Nationwide): Student-led, anti-corruption movement led by Jayaprakash Narayan (JP Movement).
    *   All India Railway Strike (1974): Railway workers' strike led by George Fernandes demanding better wages and conditions, some violence occurred.
    *   Allahabad High Court Verdict (June 12, 1975): Invalidated Indira Gandhi's 1971 election due to electoral malpractices. Judge: Jagmohanlal Sinha.
    *   Supreme Court Interim Order (June 25, 1975): Stayed Allahabad HC order but restricted Indira Gandhi's parliamentary voting rights. Justice V.R. Krishna Iyer.
*   Indira Gandhi's Response and Justification:
    *   Felt threatened by movements and court verdict.
    *   Advised by legal and political advisors (Nani Palkhivala, Siddhartha Shankar Ray, Sanjay Gandhi) to declare Internal Emergency.
    *   Used "internal disturbance" ground (already in Article 352 after 38th Amendment).
    *   Claimed need to maintain stability and order amidst chaos and threats to national security.
    *   Mass arrests of opposition leaders and activists (over 134,000).
    *   Suspension of fundamental rights and curtailment of judicial review.
    *   Ordinance issued late night of June 25th/early morning of June 26th, 1975, leading to declaration.

**9. Key Legal and Political Figures Mentioned:**

*   Presidents: Sarvepalli Radhakrishnan, V.V. Giri, Fakhruddin Ali Ahmed.
*   Prime Ministers: Jawaharlal Nehru, Indira Gandhi, Morarji Desai (post-Emergency context).
*   Judges: Jagmohanlal Sinha, V.R. Krishna Iyer.
*   Political Leaders/Activists: Jayaprakash Narayan, Morarji Desai, George Fernandes, Raj Narayanan, Venkaiah Naidu, L.K. Advani, Atal Bihari Vajpayee.
*   Legal Advisors: Nani Palkhivala, Siddhartha Shankar Ray.
*   Congress CMs mentioned in context of movements: Chinubhai Patel, Abdul Ghafoor.

**10. Important Constitutional Amendments:**

*   38th Amendment: Inserted "internal disturbance" as a ground for National Emergency.
*   44th Amendment (post-Emergency):
    *   Changed "internal disturbance" to "armed rebellion" (later reverted to "internal disturbance" and then back to "armed rebellion").
    *   Made written advice from Cabinet mandatory for President's declaration.
    *   Strengthened parliamentary control over emergency and its extension.
    *   Ensured that Articles 20 and 21 cannot be suspended.
    *   Introduced provision for Lok Sabha to revoke emergency.
    *   Clarified judicial review limitations related to external vs. internal emergency (though the summary notes the transcription's point which is a simplified view - modern judicial review is more complex).

This detailed summary aims to be as comprehensive as possible, covering all significant points from the Telugu transcription. Please let me know if you require any further clarification or have any other requests.