National Emergency in India
June 25, 2025 – marked the 50th anniversary of the declaration of the National Emergency in India.
It was declared for the third time, first two times were during the wars with China (1962) and Pakistan (1971).
What is National Emergency ?
An emergency is defined as a situation which is not normal and calls for urgent remedial action.
The Constitution of India Envisages 3 types of emergencies:
National Emergency – Article 352
President’s Rule / State Emergency – Article 356
Financial Emergency – Article 360
Grounds of Proclamation: Under Article 356, when war, external aggression, or armed rebellion threatens the security of India or any part of it, the President can declare a National Emergency.
The President may declare a national emergency, even before the occurrence of the actual threat, if he is satisfied the safety of India or a part of it is threatened.
Types of Emergency:
External Emergency – when the emergency is imposed due to war or external aggression.
Internal Emergency – when the emergency imposed due to armed rebellion (earlier referred to as internal disturbance, changed by 44th CAA 1978).
38th CAA 1975:
Added some more conditions regarding the grounds for imposition of emergency.
The President can declare different proclamations of national emergency on different grounds simultaneously.
The declaration of the emergency by the president is non-justiciable (cannot be challenged in court).
The President can suspend the Right to move courts for enforcement of Fundamental Rights during an emergency.
*44th CAA 1978: Mandated that president can proclamation a national Emergency only after receiving a written recommendation from the cabinet (i.e, only on the concurrence of the cabinet and not merely on the advise of the Prime minister).
44th CAA 1978: deleted the above provision of 38th CAA 1975. Restored the ability of judiciary to review the decision of declaration of national emergency.
Minerva Mills Case 1980: Supreme Court held that the proclamation of National Emergency can be challenged in a court on grounds of malafide.
Parliamentary Approval of National Emergency:
Must be approved by both houses of Parliament within one month the date of its issue.[special majority]
If the proclamation of national emergency is issued at a time when lok sabha has been dissolved, then the proclamation survives until 30 days from the first sitting of new constituted lok sabha, provided the Rajya sabha has in mean time approved it.
Duration of National Emergency:
If approved by Parliament, the national emergency continues for 6 months.
It can be extended to an indefinite period with approval of Parliament every 6 months.[added by 44th CAA 1978]
Revocation of National Emergency:
Revoked by the President at any time by a subsequent proclamation.[doesn’t require parliamentary approval]
44th CAA: Mandates that the president must revoke proclamation of national emergency, if Lok Sabha passes a resolution disapproving its continuation.
Effects of National Emergency:
Effects on Centre–State relations.
Effects on life of Lok Sabha and State Assemblies.
Suspension or restriction of Fundamental Rights.
Reasons for the imposition of Emergency in 1975:
1. Economic crisis – high unemployment, sluggish growth, inflation.
2. Student unrest in Gujarat & Bihar.
3. Railway strikes.
4. Political instability.
5. Conflict with the Judiciary.
6. Allahabad High Court verdict nullified the election of the lok sabha of then the prime minister in 1975 on the grounds of abusing official machinery for Electoral gains.
