What does the Article 352 says?

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.]

When did emergency declared Article 352 in India?

Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of the prevailing “internal disturbance”, the Emergency was in effect from 25 June 1975 until its withdrawal on 21 March 1977.

Which article of the Constitution gets automatically suspended on Proclamation of Emergency under Article 352?

The freedom under Article 19 are automatically suspended and other Fundamental Rights can be suspended by an order of the President.

What are the consequences of proclamation of emergency under Article 352 on Fundamental Rights provide case laws?

The fundamental rights can be suspended during the proclamation of the emergency. As Article 358 provides that when the proclamation of emergency is made by the President under Art. 352 the freedom guaranteed by Art. 19 are automatically suspended and would continue to be so for the period of the emergency.

Which fundamental rights can never be suspended?

Hint: The rights of personal liberty are purely fundamental in nature and cannot be suspended even during the times of an emergency. Complete answer: Article 359 of our constitution states that articles 20 and 21 of our constitution cannot be eliminated under any circumstance, even during an emergency.

Which is correct statement of Article 356 of Indian Constitution?

Article 356 of the Constitution of India gives the President of India the power to suspend state government and impose the President’s rule in any state of the country if “if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the …

What is the meaning of Article 356?

B. An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’. It is also known by two other names—‘State Emergency’ or ‘constitutional Emergency’. However, the Constitution does not use the word ‘emergency’ for this situation.

What is Article 352 of Indian Constitution?

Article 352 states that the President can proclaim Emergency if he/she believes 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”. This is also called a ‘National Emergency’.

What is the difference between Article 354 and 353?

As per Article 353 (b), the Union Parliament can make laws relating to the matters in the State List. According to Article 354, the distribution of revenue between the Union and the State can be altered by the Centre.

Can Article 356 be used as a last resort?

The Sarkaria Commission Report (1983) recommended that Article 356 should be used “very sparingly” and only as a last resort. The President’s proclamation of President’s Rule should include reasons as to why he thinks the state cannot run normally.