q. Write a short note on provisions of National emergency under Indian Constitution.


Note: this post is a part of our important question answer series on Constitutional Law. You can read other questions by clicking here.



Article 352 deals with “Proclamation of Emergency” or also known as “ National Emergency”. The President of India has the power to declare an Emergency in India or any part of India by making a Proclamation regarding the same. Under this Article, if the President is satisfied that a grave emergency exists in India due to which there is a threat to the security of the nation. He may declare Emergency on the grounds of:


I.                                         War

When a country declares a formal war against India and there is a violent struggle using armed forces, the President of India may impose National emergency.


II.                                      External Aggression

an unilateral attack on India from any country, without a formal declaration of war.


III.                                  Armed Rebellion

When a group of people rebel against the present government which will lead to the destruction of lives and property.



1.                 Previously, the term ‘Internal disturbance’ was mentioned, it was substituted with ‘Armed Rebellion’ by the Forty-fourth Constitution Amendment Act, 1978.

2.                 For the imposition of emergency, it is not necessary to actual occurrence of any of the mentioned event. president can proclaimed it, if he satisfied, and received a written communication regarding the same from the council of ministers.

3.                 It is necessary to approve it from both the houses within the time period of a month, (Previously, before the 44th amendment, it was 2 months)else its effect will nullified, clause 4, article 352.

4.                 Clause 5 states that such proclamation can last for the maximum period of 6 months and can be renewed with the  approval of the both the houses.

In India, till now 3 times this proclamation has been made:

I.                                            during the time of Indo-China war: 1962-68,

II.                                         During the time of Indo-Pak war: 1971-77, and

III.                                       Due to a clash between Legislature and Judiciary: 1975-77.


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