Context:
50th years since the Proclamation of National Emergency
Historical Background:
- Declared on – June 25, 1975
- Ground of declaration – Internal disturbance.
- Before this, 2 National Emergency were proclaimed due to war with China in 1962 and war with Pakistan in 1971.
Constitutional provisions on National Emergency:
- Covered under – Article 352
- Significant changes were bought under the 44th Amendment Act of 1978
| Features | After 44th Amendment Act | Before 44th Amendment Act |
| Grounds | War, External Aggression and Armed Rebellion. | War, External Aggression and Internal Disturbance. |
| Proclamation | President can declare emergency only on the advice given by the Cabinet ministers in writing | Can be declared only on the advice of Prime minister |
| Parliamentary approval | Proclamation of emergency must be approved within 1 month by resolution of both Houses by Parliament | Proclamation of emergency must be approved within 2 months by resolution of both Houses by Parliament. |
| Type of majority | Such resolution must be passed by total member of each house and not less than 2/3 majority of the members present and voting in each house. | Such resolution must be passed by Simple Majority. |
Impact of National Emergency:
- Suspension of Fundamental Rights (FR) –
- Article 358 – State can suspend Article 19 if the National Emergency is proclaimed due to war or external aggression.
- Article 359 – President can suspend the right to move any court for the enforcement FRs except for Article 20 and Article 21.
- Centralisation of Power –
- Parliament can make laws for any matter including those in the State List of the Constitution.
- Union Government can give direction to the states on the way it should exercise executive power
- President can modify provisions related to allocation of financial resources between Union and States
Source: The Indian Express
Previous Year Question
Which of the following is/are the exclusive power(s) of Lok Sabha?
1. To ratify the declaration of Emergency
2. To pass a motion of no-confidence against the Council of Ministers
3. To impeach the President of India
Select the correct answer using the code given below:
[UPSC Civil Service Exam – 2022 Prelims]
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only
Answer: (b)
Explanation:
Statement 1 is incorrect. Both the Houses of Parliament must ratify the declaration of Emergency.
Statement 3 is incorrect. Impeachment resolution of President must be passed by both the houses separately.
