Emergency National Emergency

Summary

The video discusses various types of emergencies in India, focusing on the declaration of a National Emergency under Article 352. It explains how the President can declare such an emergency during threats to national security from war or external aggression. The video outlines the procedural requirements for parliamentary approval and the historical context of previous declarations in 1962, 1971, and 1975. Additionally, it highlights amendments that safeguard the process, including provisions for judicial review and the conditions under which the emergency can be revoked, emphasizing the balance between state power and civil liberties.

Takeaways

• 🇮🇳 A national emergency can be declared under Article 352 when the security of India or part of its territory is threatened by war or external aggression.
• ⚔️ An emergency can be declared even before the actual occurrence of war or armed rebellion.
• 📜 The proclamation of emergency must be approved by both Houses of Parliament within one month of its issuance.
• 🕰️ If the Lok Sabha is dissolved, the emergency can still be approved by the Rajya Sabha to ensure continuity.
• ⏳ National emergencies have been proclaimed three times in India: 1962, 1971, and 1975.
• 📆 The first national emergency in 1962 was due to Chinese aggression and lasted until January 1968.
• 🗓️ The second national emergency was declared in December 1971 following Pakistan's attack, while the third was in June 1975.
• 🔄 The 38th Amendment Act of 1975 made the declaration of national emergency immune to judicial review, which was later revoked by the 44th Amendment Act of 1978.
• ⚖️ The 44th Amendment introduced safeguards, including the requirement for a resolution approving the emergency proclamation to be passed by a two-thirds majority in each House.
• 📝 The executive has the power to revoke a proclamation of emergency at any time, and members of the Lok Sabha can move a resolution to end the emergency.

Q & A

What is a national emergency as defined in Article 352?

A national emergency can be declared by the President of India when the security of the country or any part of its territory is threatened by war, external aggression, or armed rebellion.

What is the difference between a national emergency and an external emergency?

A national emergency is declared on the grounds of war or external aggression, while an external emergency is specifically declared due to armed rebellion.

What is the timeframe for parliamentary approval of a proclamation of emergency?

The proclamation of emergency must be approved by both houses of Parliament within one month from the date of its issue.

What happens if Parliament is not in session when an emergency is proclaimed?

If the Lok Sabha has been dissolved, the proclamation can still be approved by the Rajya Sabha. If both houses approve the emergency, it continues for six months and can be extended.

How many times has a national emergency been declared in India?

A national emergency has been declared three times in India: in 1962, 1971, and 1975.

What amendments affected the declaration of national emergencies?

The 38th Amendment Act of 1975 made the declaration immune to judicial review, but this was later changed by the 44th Amendment Act of 1978, which allowed challenges in court.

What safeguards were introduced by the 44th Amendment regarding emergency proclamations?

The 44th Amendment requires that resolutions approving the proclamation of emergency must be passed by a majority of not less than two-thirds of the members present and voting in each house.

Can the President revoke a proclamation of emergency?

Yes, the President can revoke a proclamation of emergency at any time by subsequent proclamation without needing parliamentary approval.

What must happen if the Lok Sabha passes a resolution to revoke the emergency?

If the Lok Sabha passes a resolution by a simple majority to revoke the emergency, the President must withdraw it.

What provisions exist for periodic review of the need for continuing a national emergency?

The need for the continuation of a national emergency must be periodically reviewed by both houses of Parliament, as established by the provisions of the 44th Amendment.