National emergency

National emergency under article 352

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in

1962 (Indo-China war),

1971 (Indo-Pakistan war), and

1975 (declared by Indira Gandhi to maintain law and order in the country).

The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended. It modifies the federal system of government to a unitary one.

The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws).

Also, all money bills are referred to the Parliament for its approval.

The term of the Lok Sabha can be extended by a period of one year but not more than six months from the date when the emergency has ceased to exist.