Article 352 of the Constitution of India: Proclamation of Emergency
Article 352, contained in Part XVIII of the Constitution of India, provides the constitutional mechanism for a Proclamation of Emergency when the security of India or any part of its territory is threatened by war, external aggression or armed rebellion. It also lays down safeguards concerning written Union Cabinet advice, parliamentary approval, duration, continuation and revocation.
Updated legal text and explanation checked against the official Constitution of India published by the Government of India.
Meaning and scope of Article 352
A Proclamation under Article 352 is commonly described as a National Emergency. Constitutionally, the power is tied to specified threats to the security of India or a part of India. The present constitutional grounds are war, external aggression and armed rebellion. The expression "armed rebellion" replaced the earlier expression "internal disturbance" through the Constitution (Forty-fourth Amendment) Act, 1978.
The Constitution permits a Proclamation even before the actual occurrence of war, external aggression or armed rebellion where there is an imminent danger and the constitutional requirements are otherwise satisfied.
Key safeguards under Article 352
- Written Cabinet decision: The President cannot issue or vary a Proclamation unless the decision of the Union Cabinet has been communicated in writing.
- Parliamentary approval: A Proclamation, other than one revoking an earlier Proclamation, ordinarily ceases after one month unless approved by both Houses of Parliament.
- Special majority: Approval and continuation resolutions require a majority of the total membership of the House and at least two-thirds of members present and voting.
- Six-month continuation: Once approved, the Proclamation continues for six months and may be continued for further six-month periods through the constitutionally required resolutions.
- Lok Sabha disapproval: The President must revoke the Proclamation if the House of the People passes a resolution disapproving it or its continuance.
- Special sitting: At least one-tenth of the total members of the Lok Sabha may give the prescribed notice seeking consideration of a disapproval resolution, triggering a special sitting within fourteen days.
Article 352 - clause-by-clause explanation
Clause (1): Grounds for Proclamation
The President may proclaim an Emergency if satisfied that a grave emergency exists threatening the security of India or any part of its territory because of war, external aggression or armed rebellion. The Proclamation may apply to the whole of India or to a specified part.
Clause (2): Variation or revocation
A Proclamation issued under clause (1) may subsequently be varied or revoked by another Proclamation.
Clause (3): Union Cabinet decision in writing
The President cannot issue a Proclamation under clause (1), or vary it, unless the Union Cabinet's decision authorising such action has been communicated to the President in writing. For this purpose, the Union Cabinet means the Prime Minister and Ministers of Cabinet rank appointed under Article 75.
Clauses (4) and (5): Parliamentary approval and duration
Every non-revocation Proclamation must be placed before both Houses of Parliament. It normally ceases after one month unless both Houses approve it. Once approved, it remains in force for six months from the date on which the second approving resolution is passed, subject to further constitutionally valid extensions of six months at a time.
Clause (6): Special majority
For approval or continuation under clauses (4) and (5), each House must pass the resolution by a majority of its total membership and by not less than two-thirds of the members present and voting.
Clauses (7) and (8): Disapproval by Lok Sabha
The President must revoke the Proclamation if the Lok Sabha passes a resolution disapproving it or its continuation. Clause (8) provides a procedure for a special sitting where the required number of Lok Sabha members give written notice of their intention to move such a resolution.
Clause (9): Different Proclamations on different grounds
The President's power includes issuing different Proclamations on different constitutional grounds, including imminent danger, even when another Proclamation under Article 352 is already in operation.
Text of Article 352: 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, make 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 (1) may be varied or revoked by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) 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 appointed 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.
Where the House of the People is dissolved, the special time limits and conditions stated in clause (4) apply to approval after its reconstitution.
(5) A Proclamation so approved shall, unless revoked, cease to operate after six months from the date of the second approving resolution. It may continue for further periods of six months when both Houses pass the constitutionally required continuation resolutions. Special provisions apply where the House of the People is dissolved during such a period.
(6) For clauses (4) and (5), the required resolution must be passed by a majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting.
(7) The President shall revoke a Proclamation issued under clause (1), or a Proclamation varying it, if the House of the People passes a resolution disapproving the Proclamation or its continuance.
(8) If written notice signed by not less than one-tenth of the total members of the House of the People is given to the Speaker when the House is in session, or to the President when it is not in session, expressing an intention to move a resolution disapproving the Proclamation or its continuance, a special sitting must be held within fourteen days to consider the resolution.
(9) The power under Article 352 includes power to issue different Proclamations on different grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not another Proclamation under clause (1) is already in operation.
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Related emergency provisions
Article 352 should be read with the succeeding provisions in Part XVIII. Articles 353 and 354 deal with the effect of a Proclamation and distribution of revenues. Article 358 concerns Article 19 during certain emergencies, while Article 359 concerns suspension of enforcement of specified Part III rights, subject to constitutional limitations. Article 360 separately deals with Financial Emergency.