Article 352 deals with the proclamation of a national emergency due to war, external aggression, or armed rebellion. Key differences from Article 356 (President's Rule) include: - Cabinet approval is required under 352 - The emergency can be extended indefinitely as long as procedures are followed, while 356 is limited to 1 year generally - 352 allows for more executive and legislative powers to be assumed by the central government The Supreme Court has held that while the initial proclamation of emergency may be justified, continuing the emergency indefinitely requires stronger evidence, but courts have limitations in evaluating executive decisions around emergencies.

1. Comparison of Art 352 and 356
Emergency and President’s Rule

2. Comparison of Art 352 and 356
Area/Aspect 352 356
Grounds the President is satisfied that a grave
emergency exists-war, external
aggression, armed rebellion- even
when imminent danger
…on receipt of a report from the
Governor of a State or otherwise, is
satisfied that a situation has arisen in
which the Government of the State
cannot be carried on in accordance with
the provisions of this Constitution, the
President may by Proclamation..
Condition the decision of the Union Cabinet
(that is to say, the Council consisting
of (Ministers of Cabinet rank
appointed under article 75 the Prime
Minister and other) that such a
Proclamation may be issued
has been communicated to him in
writing.
Majority
required
only by a majority of the total
membership of that House and by a
majority of not less than two-thirds
of the Members of that House
present and voting.
To be approved by resolutions of both
Houses of Parliament

3. Comparison of Art 352 and 356
Area/Aspect 352 356
To be
approved
within
…cease to operate at the expiration of one
month unless before the expiration of that
period it has been approved by resolutions
of both Houses of Parliament:
Every Proclamation under this article shall be
laid before each House of Parliament and shall,
except where it is a Proclamation revoking a
previous Proclamation, cease to operate at
the expiration of two months unless before
the expiration of that period it has been
approved by resolutions of both Houses of
Parliament
Duration six months 356 (4) A Proclamation so approved shall,
unless revoked, cease to operate on the
expiration of a period of six months from the
date of issue of the Proclamation
Maximum
duration
Can be extended So often- as per procedure Not more than a year-generally
Conditions for more than a year- for more
than one year- emergency and ECI report
No such Proclamation shall in any case remain
in force for more than three years:
Notice for
disapproving
Where a notice in writing signed by not less
than one-tenth of the total number of
members of the House of the People -
special sitting of the House shall be held
within fourteen days
No such provision

4. Comparison of Art 352 and 356
Area/Aspe
ct
352 356
Effect on
Executive
Powers
(a) notwithstanding anything in this
Constitution, the executive power of the Union
shall extend to the giving of directions to any
State as to the manner in which the executive
power thereof is to be exercised;
356 (a) President may by Proclamation
assume to himself all or any of the
functions of the Government of the State
and all or any of the powers vested in or
exercisable by the Governor or any body
or authority in the State other than the
Legislature of the State;
Effect on
Legislative
Powers
250 (1) Notwithstanding anything in this
Chapter, Parliament shall, while a Proclamation
of Emergency is in operation, have power to
make laws for the whole or any part of the
territory of India with respect to any of the
matters enumerated in the State List.
352 (b) the power of Parliament to make laws
with respect to any matter shall include power
to make laws conferring powers and imposing
duties, or authorising the conferring of powers
and the imposition of duties, upon the Union or
officers and authorities of the Union as respects
that matter, notwithstanding that it is one
356 (b) President may by Proclamation
declare that the powers of the Legislature
of the State shall be exercisable by or
under the authority of Parliament;
357- it shall be competent— (a) for
Parliament to confer on the President the
power of the Legislature of the State to
make laws, and to authorise the President
to delegate, subject to such conditions
357© President to authorise when the
House of the People is not in session
expenditure from the Consolidated Fund
of the State pending the sanction of such
expenditure by Parliament.

5. Comparison of Art 352 and 356
Area/Aspect 352 356
Suspension
of rights
358- by war or by external aggression is in operation, nothing in article
19 shall restrict the power of the State as defined in Part III to make
any law or to take any executive action …
359- the President may by order declare that the right to move any
court for the enforcement of such of the rights conferred by Part III
(except articles 20 and 21) as may be mentioned in the order and all
proceedings pending in any court for the enforcement of the rights so
mentioned shall remain suspended for the period during which the
Proclamation is in force or for such shorter period as may be specified
in the order.
Suspending in whole or in part the
operation of any provisions of this
Constitution relating to any body or
authority in the State:
Other order
issued
354 (1) The President may, while a Proclamation of Emergency is in
operation, by order direct that all or any of the provisions of articles
268 to 279 shall for such period, not extending in any case beyond the
expiration of the financial year in which such Proclamation ceases to
operate, as may be specified in the order, have effect subject to such
exceptions or modifications as he thinks fit.
(c) President may by Proclamation
make such incidental and consequential
provisions as appear to the President to
be necessary or desirable for giving
effect to the objects of the
Proclamation, including provisions for
suspending in whole or in part the
operation of any provisions of this
Constitution relating to any body or
authority in the State:

6. Broad comparison of 352 , 356 & 360
Area/Asp
ect
352 356 360
Grounds the President is
satisfied that a grave
emergency exists-war,
external aggression,
armed rebellion- even
when imminent danger
…on receipt of a report from
the Governor of a State or
otherwise, is satisfied that a
situation has arisen in which
the Government of the State
cannot be carried on in
accordance with the
provisions of this Constitution,
the President may by
Proclamation..
(1) If the President is
satisfied that a situation has
arisen whereby the
financial stability or credit
of India or of any part of the
territory thereof is
threatened, he may by a
Proclamation make a
declaration to that effect.
Condition Cabinet decision-
communicated to him
in writing.
No such requirement No such requirement
Majority
required
only by a majority of
the total membership
of that House and by a
majority of not less
than two-thirds of the
Members of that
House present and
voting.
Ordinary Ordinary

7. Broad comparison of 352 , 356 & 360
Area/Aspect 352 356 360
To be
approved
within
One month Two months Two months
Duration six months six months from the date of issue
of the Proclamation
No limit
Maximum
duration
So often Not more than a year-generally
Conditions for more than a year-
for more than one year-
emergency and ECI report
No such Proclamation shall in any
case remain in force for more
than three years:
No limit
Notice for
disapproving
Where a notice in
writing signed by not
less than one-tenth
of the total number
of members of the
House of the People
-

8. Supreme Court on Article 352- Waman
rao case
The question as to whether the issuance of a proclamation of emergency is justiciable raises issues which are not easy to answer. In any event, that question
can more appropriately and squarely be dealt with when it arises directly and not incidentally as here. In so far as the proclamation of December 3, 1971 is
concerned, it is not disputed, and indeed it cannot be disputed, that there was manifest justification for that course of action. The danger to the security of the
country was clear and present.
Therefore, the attempt of the petitioners has been to assail the continuance of the state of emergency under that proclamation.
From the various dates and events mentioned and furnished to us, it may be possible for a layman to conclude that there was no
reason to continue the state of emergency at least after the formality of exchanging the prisoners of war was completed. But we are
doubtful whether, on the material furnished to us, it is safe to conclude by way of a judicial verdict that the continuance of the
emergency after a certain date became unjustified and unlawful. That inference is somewhat non-judicious to draw.
Newspapers and public men are entitled to prepare public opinion on the need to revoke a proclamation of emergency.
They have diverse sources for gathering information which they may not disclose and they are neither bound by rules of evidence nor
to observe the elementary rule of judicial business that facts on which a conclusion is to be based have to be established by a
preponderance of probabilities.
But Courts have severe constraints which deter them from undertaking a task which cannot judicially be performed.
It was suggested that the proclamation of June 25, 1975 was actuated by mala fides. But there too, evidence placed before us of mala
fides is neither clear nor cogent.