National Emergency (Article 352) - Reasons and Amendments

Let's discuss Emergency Provisions (అత్యవసర పరిస్థితులు - atyavasara paristhitulu). Part XVIII (18th Part) of the Indian Constitution deals with these provisions, which were derived from the Government of India Act, 1935. There are three types of emergencies:

• Article 352: National Emergency (జాతీయ అత్యవసర పరిస్థితి - jātīya atyavasara paristhiti)
• Article 356: President's Rule (రాష్ట్రపతి పరిపాలన - rāṣhṭrapati paripālana) / Central Rule (కేంద్ర పాలన - kēndra pālana) / Constitutional Emergency (రాజ్యాంగ అత్యవసర పరిస్థితి - rājyāṅga atyavasara paristhiti)
• Article 360: Financial Emergency (జాతీయ ఆర్థిక అత్యవసర పరిస్థితి - jātīya ārthika atyavasara paristhiti)

The procedures to be followed during a National Emergency were taken from Germany (Weimar Constitution). Some local authors' books mistakenly state that the emergency provisions *themselves* were taken from Germany, but this is incorrect. The *provisions* are from the 1935 Act; the *procedures during a National Emergency* are from Germany.

Article 352: National Emergency - Detailed Explanation

We will study National Emergency (and the other emergencies) by addressing these key questions:

• Who proclaims it?
• Where can it be imposed?
• Why is it imposed (reasons)?
• How long does it take for Parliament to approve it?
• What majority is required for approval?
• When does it come into effect?
• Which house of Parliament should approve it first?
• What is the minimum and maximum duration?
• Can a joint sitting of Parliament be called?
• What happens if the Lok Sabha is dissolved?
• Who can revoke it?
• Is it subject to judicial review?
• What are its effects?
• How many times has it been imposed in India?

Who Proclaims a National Emergency?

The President proclaims a National Emergency.

President's Authority & Cabinet Advice The President *cannot* declare a National Emergency on their own initiative. The 44th Constitutional Amendment Act of 1978 requires the President to act only on the written advice of the Cabinet.

The Term "Cabinet": The word "Cabinet" was *not* originally present in the Indian Constitution. It was inserted into Article 352 by the 44th Amendment in 1978. This was the *first* time the term "Cabinet" appeared in the Constitution. Therefore, the President *must* have the written advice of the Cabinet to proclaim a National Emergency.

Reasons for Imposing a National Emergency

There are two broad categories of reasons:

1. External Reasons (బహిర్గత కారణం - bahirgata kāraṇaṁ)
   • War (యుద్ధం - yuddhaṁ): If India is at war with another country.
   • External Aggression (దురాక్రమణ - durākramaṇa): If another country invades or occupies Indian territory (unprovoked military attack or encroachment).
2. Internal Reasons (అంతర్గత కారణం - antargata kāraṇaṁ)

   Originally, the internal reason was "Internal Disturbance" (అల్లకల్లోల పరిస్థితులు - allakallōla paristhitulu). However, this term was changed.

   • Original Term (Pre-1978): Internal Disturbance (అల్లకల్లోల పరిస్థితులు - allakallōla paristhitulu). This term was added by 38th Constitutional Amendment Act, 1975.
   • Current Term (Post-1978): Armed Rebellion (సాయుధ తిరుగుబాటు - sāyudha tirugubāṭu). The 44th Constitutional Amendment Act of 1978 *replaced* "Internal Disturbance" with "Armed Rebellion."

   The term "Internal Disturbance" was considered too vague and difficult to define precisely. "Armed Rebellion" is a more specific and serious condition, requiring a violent uprising against the government.

   Example of Armed Rebellion The recent agitation by employees in Andhra Pradesh for a pay revision, and the Khalistan movement in Punjab where Pro-Khalistan supporters attacked police station, could potentially, in extreme cases, be examples of actions that *could* escalate to armed rebellion. Armed rebellion implies a significant, organized, and violent opposition to the government's authority.

In summary, the current reasons for imposing a National Emergency under Article 352 are:

• External: War or External Aggression
• Internal: Armed Rebellion