Article 352 of the Constitution of India empowers the President to proclaim a National Emergency if he/she is satisfied that the security of India or any part thereof is threatened by war, external aggression, or armed rebellion. A National Emergency suspends the normal functioning of the federal system and grants the central government extraordinary powers to deal with the perceived threat. Here’s a discussion on the provisions and implications of a National Emergency under Article 352.
Proclamation of Emergency: A National Emergency can be proclaimed by the President if he/she receives a written recommendation from the Cabinet of Ministers. However, the President is not bound to act in accordance with this recommendation and can exercise his/her discretion in deciding whether a threat exists that warrants the imposition of emergency.
Effect on Fundamental Rights: One of the most significant implications of a National Emergency is the suspension of certain fundamental rights guaranteed by the Constitution. The right to move the court for the enforcement of fundamental rights (Article 32) is automatically suspended, and the President can issue orders for the suspension of other fundamental rights except those related to life and personal liberty (Article 21).
Parliamentary Approval: A proclamation of National Emergency must be approved by both houses of Parliament within one month from the date of its issuance. The proclamation remains in force for six months and can be extended indefinitely with parliamentary approval every six months.
Federal Structure: During a National Emergency, the federal structure of the Indian Constitution undergoes significant changes. The central government gains authority over the states, and the President can issue directions to the states on any matter. The central government can also assume control over state administration through the appointment of Governors or other administrators.
Effect on Legislative Powers: The President has the authority to assume all or any of the powers of the state governments or Parliament. The central government can also make laws on subjects under the State List (List II of the Seventh Schedule) during the Emergency.
Judicial Review: Despite the suspension of certain fundamental rights, the power of judicial review is not completely suspended during a National Emergency. The Supreme Court and High Courts can still review the validity of laws and executive actions taken during the Emergency to ensure that they comply with the Constitution.
In conclusion, a National Emergency under Article 352 of the Constitution of India grants the central government extensive powers to deal with threats to the security of India. While it suspends certain fundamental rights and alters the federal structure of the Constitution, it also imposes checks and balances through parliamentary approval and judicial review to prevent misuse of power.
