Emergency Provisions Art 352-360: 10 High-Yield Facts for TNPSC Group 1

10 High-Yield Facts

Article 352 deals with National Emergency (originally called ‘Proclamation of Emergency’); the word ‘Armed Rebellion’ replaced ‘Internal Disturbance’ by the 44th Amendment Act 1978.

National Emergency under Art 352 can be proclaimed on grounds of War, External Aggression, or Armed Rebellion; the Cabinet must give written advice to the President before proclamation (44th Amendment safeguard).

A National Emergency proclamation must be approved by both Houses of Parliament within one month by a special majority (majority of total membership + 2/3rd of members present and voting).

National Emergency continues for six months at a time and can be extended indefinitely by Parliament; Lok Sabha can pass a simple majority resolution to revoke it — a unique 44th Amendment provision.

Article 356 — President’s Rule (State Emergency) — is invoked when a State government cannot be carried on in accordance with the Constitution; popularly called ‘President’s Rule’ or ‘Constitutional Emergency’.

Under Art 356, President’s Rule must be approved by Parliament within two months; it continues for six months and can be extended up to a maximum of three years with Parliamentary approval every six months.

The S.R. Bommai vs Union of India (1994) Supreme Court judgment made President’s Rule under Art 356 justiciable, curbing its misuse; the Court can restore a dismissed State government.

Article 358 — During National Emergency, Fundamental Rights under Article 19 are automatically suspended (only when emergency is on grounds of War or External Aggression, NOT Armed Rebellion).

Article 359 — President can by order suspend the right to move courts for enforcement of Fundamental Rights (except Arts 20 and 21) during National Emergency; Arts 20 and 21 can NEVER be suspended — 44th Amendment guarantee.

Article 360 deals with Financial Emergency; it is proclaimed when the financial stability or credit of India or any part thereof is threatened; it must be approved by Parliament within two months and has never been proclaimed in India’s history.