Question
Download Solution PDFWhich of the following Articles of the Indian Constitution deals with National Emergency?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe Correct answer is Article 352.
Key Points
- Article 352 of the Indian Constitution deals with the proclamation of a National Emergency.
- It allows the President of India to declare a National Emergency if he/she is satisfied that there is a grave emergency threatening the security of India or any part thereof, whether by war, external aggression, or armed rebellion.
- During a National Emergency, the central government becomes all-powerful, and the federal structure is transformed into a unitary one.
- This article has been invoked three times in Indian history: during the Indo-China war in 1962, Indo-Pak war in 1971, and internal disturbance in 1975 (commonly known as the Emergency period).
- Article 352 also allows the suspension of the Fundamental Rights guaranteed under Part III of the Constitution, except for Articles 20 and 21.
- The 44th Amendment Act of 1978 added safeguards to prevent misuse of this article, such as requiring the written recommendation of the cabinet before the President can declare an emergency.
Additional Information
- Article 356
- Article 356 of the Indian Constitution deals with the imposition of President's Rule in a state.
- It is invoked when there is a failure of the constitutional machinery in a state.
- During President's Rule, the state government is suspended, and the central government takes direct control of the state administration.
- Article 360
- Article 360 deals with the proclamation of a Financial Emergency.
- It allows the President to declare a Financial Emergency if he/she believes that the financial stability or credit of India is threatened.
- During a Financial Emergency, the executive authority of the central government extends to giving directions to the states to observe financial propriety.
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