Effects of National Emergency under the Constitution of India?

 What are the effects of proclamation of Emergency?

Who can issue a proclamation of emergency and for how long? What are the effects of proclamation of emergency?

Under what circumstances emergency can be declared by the President of India under Article 352 of the Constitution’ of India. Discuss.

Article 352(1) says that “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 external aggression or 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”.

The words “in respect of the whole of India … in the proclamation” were added by the Constitution (42nd Amendment) Act, 1976 while the words “armed rebellion” were substituted by the Constitution (44th Amendment) Act, 1978 for the words “internal disturbance”.

For the first time a national emergency due to an external aggression was imposed in India in 1962 at time of Chinese aggression, which was revoked in 1968.

The emergency due to an external aggression was imposed in India for the second time in 1971 when Pakistan attacked India. It was revoked in March 1977 after Janta Government came into power and the emergency due to internal disturbance was declared in India on June 26, 1975, on the advice of the former Prime Minister Mrs. Indira Gandhi.

This emergency was revoked in March, 1977, after the defeat of the Congress Party in the Sixth General Election. Indeed no such emergency has been proclaimed after 1977.

The proclamation of national emergency under Article 352 of the Indian Constitution has various effects on the rights of individuals and the autonomy of the states as under-

Federal to Unitary Structure:

During emergency, the federal structure is converted into unitary structure in which the Union comes into leading role to play. In it, the executive powers of the Union extend to giving directions to State as to the manner in which the executive power of the State is to be carried on. Article 353 provides that the executive power of the Union to give directions to make laws shall extend to any State other than the State where emergency is in force, if the security of India or a part thereof is threatened by activities in or in relation to any part of the territory of India.

Article 353 (b) says that while the proclamation of emergency is in operation, the Parliament is empowered to make laws with respect to the matters in the State List. The distribution of legislative power is thus fundamentally changed during emergency. The law-making power of the State is suspended during the emergency.

Article 354 says that the President may, while a proclamation of emergency is in operation, by the order, alter the financial arrangement between the State and the Union as provided in Articles 268 to 279.

Extension of Life of Lok Sabha:

While a proclamation of emergency is in operation, Parliament may by law extend the normal life of Lok-Sabha for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

Suspension of Right to Enforce of Fundamental Rights:

Article 359 empowers the President to suspend the right to enforce fundamental rights guaranteed by Part III of the Constitution. It provides that while the right to move any court for the enforcement of such of the fundamental rights as may be mentioned in the order (except Articles 20 and 21) and all proceedings pending in any court for the enforcement of such rights, shall remain suspended during the period of proclamation is in force or for such shorter period as may be specified in the order.

Suspension of Article 19:

Article 358 of the Indian Constitution provides for suspension of six freedoms guaranteed to the citizens by Article 19 of the Indian Constitution.