Proclamation of National Emergency Under Article 352

 A National Emergency in India is proclaimed under Article 352 of the Constitution. Following the 44th Amendment Act of 1978, the process includes several strict safeguards to prevent the arbitrary use of executive power. 

1. Grounds for Proclamation

The President can proclaim a National Emergency if the security of India or any part of it is threatened by: 

• War: A formal declaration of conflict using armed forces.
• External Aggression: An attack by a foreign country without a formal declaration of war.
• Armed Rebellion: Internal revolt involving the use of arms (this replaced the term "internal disturbance" in 1978 to limit potential misuse).

The President may declare an emergency even if no actual occurrence has happened, provided there is a satisfied belief of imminent danger.

2. Parliamentary Approval & Duration

• Cabinet Advice: A written recommendation from the Union Cabinet is required.
• Approval & Majority: Proclamation requires approval by both houses within one month via a special majority.
• Duration: Once approved, the emergency lasts for six months and can be extended indefinitely every six months with parliamentary approval. 

3. Revocation & Review

• Revocation: The President may revoke the emergency at any time, or if the Lok Sabha passes a resolution for disapproval.
• Judicial Review: As affirmed in the Minerva Mills case (1980), the proclamation is subject to judicial review regarding its validity. 

A National Emergency, proclaimed by the President of India under Article 352, has profound effects on the country's federal structure, the powers of the legislature, and the fundamental rights of citizens. [1, 2]

Effects of National Emergency

• Federal Transformation: The structure becomes quasi-unitary, allowing the Centre to direct State executive power and allowing Parliament to legislate on State List subjects.
• Fundamental Rights: Article 358 automatically suspends Article 19 freedoms (during war/external aggression), while Article 359 allows the suspension of the right to move courts for other rights.
• Legislative and Financial Changes: Parliament can extend the tenure of the Lok Sabha and State Assemblies, and the President can modify revenue distribution between the Union and States. 

Significant Judicial Decisions 

• Makhan Singh v. State of Punjab (1964): Clarified that Article 359 orders do not prevent challenging detentions on grounds like mala fide.
• ADM Jabalpur v. Shivkant Shukla (1976): Infamously ruled that Article 21 could be suspended, a decision later overruled by K.S. Puttaswamy v. Union of India (2017).
• Minerva Mills v. Union of India (1980): Established that the proclamation of emergency is subject to judicial review. 

Post-44th Amendment Safeguards (1978) 

Following the 1975 Emergency, the 44th Amendment introduced crucial safeguards:

• Articles 20 and 21 (Life and Personal Liberty) can no longer be suspended.
• "Internal disturbance" was replaced with "armed rebellion," and a written recommendation from the Cabinet is mandatory.