Emergency Provisions: Articles 352, 356 & 360
Key facts about India's emergency provisions and the lessons of the 1975-77 Emergency.
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Questions Covered in This Set
10 cards to master
Which Part and Articles of the Constitution deal with emergency provisions?
Part XVIII, Articles 352-360.
On what three grounds can a National Emergency be proclaimed under Article 352?
War, external aggression, or armed rebellion (the original 'internal disturbance' was replaced by the 44th Amendment, 1978).
How must Parliament approve a National Emergency after the 44th Amendment?
Within one month, by special majority — two-thirds of members present and voting plus a majority of total membership; thereafter renewable every six months.
What does Article 358 do during a National Emergency?
It automatically suspends the six freedoms of Article 19 — now only when the emergency is due to war or external aggression.
What limit did the 44th Amendment place on Article 359?
The right to move courts can never be suspended for Articles 20 and 21 (protection in conviction, and life and personal liberty).
When were India's three National Emergencies proclaimed?
1962 (China war), 1971 (Pakistan war) and 1975 ('internal disturbance').
What was held in ADM Jabalpur v. Shivkant Shukla (1976)?
A 4-1 Supreme Court held that during the Emergency no one could move a court even against unlawful detention; Justice H.R. Khanna dissented. Overruled in Puttaswamy (2017).
What is the trigger for President's Rule under Article 356?
The President's satisfaction, on the Governor's report or otherwise, that the government of a state cannot be carried on in accordance with the Constitution.
How long can President's Rule last and how is it approved?
Approved by simple majority within two months; runs six months at a time, up to a maximum of three years with extra conditions after one year.
What did Ambedkar say about federalism during an emergency?
That India would become 'as good as a unitary State' — federal in normal times, unitary in crisis; K.T. Shah warned it was a 'loaded gun'.
