National Emergency (Article 352) >> National Emergency refers to proclamation of emergency due to War,Aggression or Armed Rebellion. In other words,when the security or the national integrity is in danger,Under article 352 of the Constitution ,the President can proclaim an emergency in case of a serious threat to the Nation or any part thereoff arising from external aggression or internal rebellion This emergency can extend to the whole country or a part thereof.The proclamation will have to be approved by the both the Houses of Parliament within one month of its being issued Under such emergency the Union may give directions to any state regarding exercise of the Union\s executive powers and parliament has the power to make laws relating to a state subject. While an emergency is in operation,the right to freedom under article 19 of the Constitution remains suspended.The President is also authorised to suspend the enforcement by the Courts of other Fundamental Rights during Emergencies The 44th Amendment substituted the word Internal disturbances with Armed Rebellion Effect of National Emergency While the proclamation of emergency is in operation then the following changes occur The Executive authority of the States becomes subordinate to the Union The legislatove authority of the Parliament extends to the making of laws on the State List The operation of article 19 relating to Right of Freedom,Speech and expression remains suspended The president is authorized to suspend by any order ,the right to move any court of law for enforcement of such of the Fundamental Rights except those in Article 20-21 as are mentioned in that order Proclamation of National Emergencies The Proclamation of emergency was made in 1962- Chinese aggression (1st national emergency) 1971 - Pakistan war (2nd proclamation) 1975- Internal disturbance (3rd proclamation)
Posted on: Thu, 16 Jan 2014 04:19:38 +0000
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