Definition
A proclamation under Article 352 of the Constitution by which the President declares that the security of India or a part thereof is threatened by war, external aggression, or armed rebellion.
National Emergency under Article 352 is the most serious of the three types of constitutional emergency. When proclaimed, the federal structure virtually disappears — Parliament may legislate for States, the executive power of the Union extends to give directions to States, and all State Legislatures continue to function but subject to Parliament's overriding authority. Fundamental rights under Article 19 (freedoms) stand suspended automatically; Article 359 allows suspension of other fundamental rights by Presidential order. India has declared National Emergency three times: 1962 (Chinese aggression), 1971 (Pakistan War), and 1975 (internal disturbance — the most controversial declaration).
Statutory Definition
Article 352(1), Constitution of India: 'If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or by external aggression or by armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.'
Etymology & Origin
From Article 352's constitutional designation. A 'national' emergency is one threatening the security of the nation as a whole — as distinct from State emergency (failure of constitutional machinery in a State) or financial emergency.
Full Legal Analysis
National Emergency: The Constitution at War with Itself
A National Emergency is the Constitution's admission that extraordinary circumstances may require extraordinary powers. When national security is at stake — through war or armed rebellion — the Constitution allows a temporary centralisation of power. The framers were acutely aware of the danger: too much centralisation risks authoritarianism; too little risks national disintegration. The 44th Amendment's safeguards attempt to manage this tension.
Procedure (Post-44th Amendment)
- Cabinet must advise President in writing before declaration — prevents unilateral Prime Ministerial action
- Both Houses must approve by special majority (2/3 of members present and voting, AND majority of total membership of each House) within one month
- If Lok Sabha is dissolved, Rajya Sabha approves; Lok Sabha ratifies within 30 days of reconstitution
- Rajya Sabha cannot be dissolved — ensuring continuous legislative oversight
- Any resolution for revocation may be passed by Lok Sabha by simple majority if notice given by 1/10th of its members
Effect on Federalism
During National Emergency: (a) Parliament acquires power to legislate on State List subjects; (b) Centre may give executive directions on any matter; (c) the life of Lok Sabha may be extended by Parliament for one year at a time; (d) revenue sharing arrangements between Centre and States may be altered. Effectively, India becomes a unitary State during emergency.
Effect on Fundamental Rights
Article 358: Article 19 (freedoms) is automatically suspended during National Emergency on grounds of external aggression or war. Article 359: The President may by order suspend the right to move courts for enforcement of fundamental rights (other than Articles 20 and 21) during any National Emergency. The 44th Amendment ensured that Articles 20 and 21 can never be suspended — life and liberty remain protected even in war.
“A National Emergency tests the Constitution's design. The safeguards — Cabinet decision, Parliamentary approval, revocation by simple majority — are designed so that emergency power cannot be held by one person indefinitely. History proved these safeguards necessary.”
This Term in Indian Statutes
Constitution of India, 1950
"If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or by external aggression or by armed rebellion, he may, by Proclamation, make a declaration to that effect."
National Emergency: three grounds — war, external aggression, armed rebellion (not mere internal disturbance)
Constitution of India, 1950
"While a Proclamation of Emergency is in operation, nothing in Article 19 shall restrict the power of the State as defined in article 12 to make any law or to take any executive action which the State would but for the provisions contained in that Article be competent to make or to take."
Article 19 freedoms automatically suspended during National Emergency from external threat
