What is there in Article 352 of Indian Constitution?

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.]

What fundamental right Cannot be suspended even in an emergency under Article 352 of the Constitution?

Right to life and liberty.

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.

What is the special status given to Jammu and Kashmir?

Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state’s permanent residents. In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with exceptions.

What does the Article 345 351 of the Indian Constitution deal with?

Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

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 is Article 352 and 356 of the Indian Constitution?

Article 352 and 356 of the Indian Constitution deals with the provisions of emergency, which has seen amendments, i.e. the 44 th Constitutional amendment to avoid misuse or abuse of power vested in the central government, after the 1975 situation of emergency declaration by Indira Gandhi.

What are the contents of Article 355 of the Constitution?

Article 355 – Duty of the Union to protect States against external aggression and internal disturbance. Article 356 – Provisions in case of failure of constitutional machinery in States. Article 357 – Exercise of legislative powers under Proclamation issued under article 356. Article 358 – Suspension of provisions of article 19 during emergencies.

What is Article 353(b) of the Constitution?

Article 353 (b) states the power of parliament to confer powers and impose duties upon the centre or its officers. There are various and serious consequences of a proclamation of emergency, which are:

What are the Emergency Provisions in the Indian Constitution?

In India, the emergency provisions are such that the constitution enables the federal government to acquire the strength of unitary government whenever the situation demands. All the pacific methods should be exhausted during such situation and emergency should also be the last weapon to use as it affects India’s federal feature of government.