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National Emergency - Article 352 National Emergency - Article 352

National emergencies in India can be declared by the President during times of external aggression, armed rebellion, or other national security threats. Three national emergencies have been declared - in 1962 due to the China war, in 1971 due to the Pakistan war, and in 1975 when Indira Gandhi controversially declared an internal emergency. During national emergencies, fundamental rights can be suspended and habeas corpus rights revoked. Each emergency required parliamentary approval to remain in effect beyond one month.

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250 views

National Emergency - Article 352 National Emergency - Article 352

National emergencies in India can be declared by the President during times of external aggression, armed rebellion, or other national security threats. Three national emergencies have been declared - in 1962 due to the China war, in 1971 due to the Pakistan war, and in 1975 when Indira Gandhi controversially declared an internal emergency. During national emergencies, fundamental rights can be suspended and habeas corpus rights revoked. Each emergency required parliamentary approval to remain in effect beyond one month.

Uploaded by

ramesh
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NATIONAL EMERGENCY –

ARTICLE 352

NATIONAL EMERGENCY – ARTICLE 352


 National emergency can be declared on the basis of external aggression or armed
rebellion in the whole of India or a part of its territory. Such an emergency was declared
in India in 1962 (China war), 1971 (Pakistan war), and 1975 (declared by Indira Gandhi).
The President can declare such an emergency only on the basis of a written request by
the Cabinet headed by the Prime Minister. Such a proclamation must be laid before
both houses of Parliament, and the state of emergency expires after one month unless
approved within that time by both houses sitting and voting separately.
 During a national emergency, many Fundamental Rights of Indian citizens can be
suspended. The six freedoms under Right to Freedom are automatically suspended. By
contrast, the Right to Life and Personal Liberty cannot be suspended according to the
original Constitution.
 National emergency can be declared by the President of India if he is satisfied that the
situation is very serious and the security of India or any part thereof is threatened or is
likely to be threatened.
 In January 1977, during the emergency declared controversially by Indira Gandhi, the
government decided to suspend even the Right to Life and Personal Liberty by
dispensing with Habeas corpus
 National Emergency has been declared three times.

S.No Date and Year Emergency Prime Minister Reason


1 October 26, (1962-1968) India - China War Indira Gandhi China attacked our borders in the North East. This
National Emergency lasted till 10 January 1968.
NATIONAL EMERGENCY –
ARTICLE 352

2 December 3, (1971-1977) India - Pakistan Indira Gandhi After partition the East Wing of Bengal had joined
War Pakistan as East Pakistan and between the two
parts of Pakistan was about 1200 miles of Indian
Territory. Also, Pakistan’s military government did
not pay much attention to East Pakistan and Urdu
was imposed upon it. The immediate source of
conflict was denial of the office of Premier to
Sheikh Mujibur Rehman of East Bengal whose party
had won 160 out of 300 seats in the 1970 elections.
Pakistani leader Z.A Bhutto and President Yahya
Khan denied rights to East Bengal.

3 June 25, (1975-1977) Internal Emergency Indira Gandhi Strikes and protests everywhere and the rise of a
political opposition were responsible for the
economic tumble.

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