NATIONAL EMERGENCY – ARTICLE 352

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NATIONAL EMERGENCY – ARTICLE 352

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  • 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.

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