National emergency under Part 18 of the Indian Constitution of India.

1. National Emergency
By
Mrs.DEEPU.P
Principal
Vidyavardhaka Law College,Mysuru

2. What is Emergency
• Emergency is defined as a situation which is
not normal, a situation which calls for urgent
remedial action.
• Part 18, Articles 352 - 360
• Types of Emergency
1) National Emergency
2) State Emergency
3) Financial Emergency

3. Origin
• The idea of emergency provisions was taken
from Government of India Act – 1935
• The provision for the suspension of
Fundamental rights has been taken from
German Weimar Constitution.

4. Grounds
• Prior to 44th Amendment Act 1978
1) War
2) External aggression
3) Internal Disturbance.
• After 44th Amendment Act 1978
1) War
2) External Aggression
3) Armed Rebellion

5. I. National emergency
• 1962- 1967
• 26th October 1962
• on the ground of external aggression(China)
• India V/S China - 1962
• Indian V/S Pakistan - 1965

6. II.1971- 77 Indo –Pak - war

7. III.1975- 77
25th June to 21st March 1977

8. Why Black spot on Democracy?
• Raj Narian V/S Smt.Indira Gandhi
• Preventive Detention laws
1) MISA
2) COFEPOSA
3) Government of Defence of India Rules
* Huge Misuse of Power .

9. Who can proclaim Emergency
• Art 352: provides that if the president is satisfied that a
grave emergency exists whereby the security of India
or any part of India is threatened either by war,
external aggression or armed rebellion.
• Ours being parliamentary system.
• President – Union cabinet – PM
• What happened ? In 1975
• Satisfaction of the president – Its Judicial Review
• Ghulam Sarwar V/S UOI
• 38th Amendment Act , 1975 – Art 352(5)
• 44th Amendment Act 1978

10. Territorial extent of Proclamation of
emergency
• Procedure
• Duration :Art 352(4)
a) without approval- One month
b) With approval - six months.
* Revocation of Proclamation of emergency –
Articles 352(2) and (7)

11. Effect of proclamation emergency
1)Art 353(b):Parliament empowered to legislate on state
subject
2) Art 83(2): extension of life of the house of people.
3) Art 354: union’s power to alter distribution of revenue
between the union & the state(Articles 268 279)
4) Art 353: extension of the executive & legislative power of
the union.
5) Art 358: effect of fundamental rights guaranteed by Article
19.
6) Art 359: suspension of the enforcement of the fundamental
rights during emergency.
7) Duty of the union to protect states( 355)

12. Difference between Article 358 & 359
1) As soon as the proclamation of emergency is issued
U/A 352 , Article 19 is automatically suspended U/A
358 & no further order of the President is necessary
for its suspension.
The suspension of the enforcement of the F.Rights U/A
359 is thus not automatic , the order of the president is
necessary for this purpose.
2)The suspension of Art 19 U/A 358 continuous for the
entire period of emergency.
3) U/A358 F rights guaranteed by Art 19 is suspended.
U/A 359 rights are not suspended but enforcement is
suspended.

13. 4) While Article 359 operates during any
proclamation of emergency made under Article
352 on any ground,
Article 358 operates only in case the
proclamation of emergency is issued under
Article 352 on the ground either war or external
aggression.

14. 5) Article 358 is confined to Article 19,
Article 359 extends to all Fundamental rights
except Article 20 and 21.
A.D.M.Jabalpur V/S
Shivakant Shukla