Article 352 of Constitution of India "Proclamation of Emergency"
(1) If the President is satisfied that a grave emergency
exists whereby the security of India or of any part of the
territory thereof is threatened, whether by war or external
aggression or armed rebellion, he may, by Proclamation, made
a declaration to that effect [in respect of the whole of
India or of such part of the territory thereof as may be
specified in the Proclamation].
[Explanation.- A Proclamation of Emergency declaring that
the security of India or any part of the territory thereof
is threatened by war or by external aggression or by armed
rebellion may be made before the actual occurrence of war or
of any such aggression or rebellion, if the President is
satisfied that there is imminent danger thereof.]
(2) A Proclamation issued under clause (I) may be or
revoked by a subsequent proclamation.
(3) The President shall not issue a Proclamation under
clause (I) or a Proclamation varying such Proclamation
unless the decision of the Union Cabinet (that is to say,
the Council consisting of the Prime Minister and other
Ministers of Cabinet rank under Article 75) that such a
Proclamation may be issued has been communicated to him in
writing.
(4) Every Proclamation issued under this article shall be
laid before each House of Parliament and shall, except where
it is a Proclamation revoking a previous Proclamation, cease
to operate at the expiration of one month unless before the
expiration of that period it has been approved by
resolutions of both Houses of Parliament.
Provided that if any such Proclamation (not being a
Proclamation revoking a previous Proclamation) is issued at
a time when the House of the People has been dissolved, or
place during the period of one month referred to in this
clause, and if a resolution approving the Proclamation has
been passed by the Council of States, but no resolution with
respect to such Proclamation has been passed by the House of
the People before the expiration of that period, the
Proclamation shall cease to operate at the expiration of
thirty days from the date on which the House of the People
first sits after its reconstitution, unless before the
expiration of the said period of thirty days a resolution
approving the Proclamation has been also passed by the House
of the People.
(5) A Proclamation so approved shall, unless revoked, cease
to operate on the expiration of a period of six months from
the date of the passing of the second of the resolutions
approving the proclamation under clause (4);
Provided that if and so often as a resolution approving the
continuance in force of such a Proclamation is passed by
both Houses of Parliament the Proclamation shall, unless
revoked, continue in force for a further period of six
months from the date on which it would otherwise have ceased
of operate under this clause.
Provided further that if the dissolution of the House of the
People takes place during any such period of six months an a
resolution approving the continuance in force of such
Proclamation has been passed by the House of the People
during the said period, the Proclamation shall cease to
operate at the expiration of thirty days from the date on
which the House of the People first sits after its
reconstitution unless before the expiration of the said
period of thirty days, a resolution approving the
continuance in force of the proclamation has been also
passed by the House of the People.
(6) For the purpose of clause (4) and (5), a resolution may
be passed by either House of Parliament only by a majority
of the total membership of that House and by a majority of
not less than two-thirds of the members of that House
present and voting.
(7) Notwithstanding anything contained in the foregoing
clauses, the President shall revoke a Proclamation issued
under clause (l) or a Proclamation varying such Proclamation
if the House of the People passes a resolution disapproving,
or, as the case may be, disapproving the continuance in
force of, such Proclamation.
(8) Where a notice in writing signed by not less than
one-tenth of the total number of members of the House of the
People has been given of, their intention to move a
resolution for disapproving, or, as the case may be, for
disapproving the continuance in force of, a Proclamation
issued under clause (l) or a Proclamation varying such
Proclamation,-
a) to the Speaker, if the House is in session; or
b) to the President, if the House is not in session, a
special sitting of the House shall be held within fourteen
days from the date on which such notice is received by the
Speaker, or as the case may be, by the President, for the
purpose of considering such resolution.
(9) The power conferred on the President by this article
shall include the power to issue different Proclamations on
different grounds, being war or external aggression or
[armed rebellion] or imminent danger of war or external
aggression or [armed rebellion], whether or not here is a
Proclamation already issued by the President under clause
(l) and such Proclamation is in operation.