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Article 352: National Emergency in India - provisions, amendments and key features | BulletsIn

Article 352: National Emergency in India - provisions, amendments and key features | BulletsIn

Bullets In 1 month ago

Article 352 of Indian Constitution empowers the President to declare a National Emergency in case of war, external aggression, or armed rebellion.

It transforms India's federal structure into a unitary one to protect national security and constitutional order.

BulletsIn

  • Article 352 of Indian Constitution allows emergency declaration on war, external aggression, or armed rebellion grounds.
  • President can proclaim emergency even before actual occurrence if threat is imminent.
  • 44th Amendment replaced "internal disturbance" with "armed rebellion".
  • Cabinet written recommendation mandatory for proclamation after 44th Amendment.
  • Parliament must approve emergency within one month by special majority.
  • Emergency can continue with parliamentary approval every six months.
  • Lok Sabha can force revocation through simple majority resolution.
  • Judicial review allowed after removal of 38th Amendment protection.
  • Minerva Mills Case allows courts to challenge emergency if mala fide.
  • National Emergency imposed thrice in 1962, 1971, and 1975.
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Disclaimer: This content has not been generated, created or edited by Dailyhunt. Publisher: Bullets In