What is the Article 352 of Indian Constitution?
What is the Article 352 of Indian Constitution?
National emergency under Article 352 Originally at the beginning, National emergency could be declared on the basis of “external aggression or war” and “internal disturbance” in the whole of India or a part of its territory under Article 352.
What is the significance of Article 352?
Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
When the President makes a Proclamation of emergency under Article 352 which article automatically suspended?
On proclamation of emergency under Article 352(1), the fundamental rights guaranteed in Article 19 become automatically suspended by virtue of Article 358. Additionally, the President of India may by order under Article 359(1), suspend: 1.
What is Article 356 of the Indian Constitution?
Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.
What is the Article 72?
Article 72 empowers the President the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.
Is Article 21 a fundamental right?
Article 21 of Indian constitution Article 21 is a fundamental right and is included in Part-III of Indian Constitution. This right is available to all citizens as well as non-citizens alike. According to Justice Bhagwati, Article 21 “embodies a constitutional value of supreme importance in a democratic society.”
How did Article 352 come into existence in India?
The article in its current form came into existence by the 44th Constitutional Amendment Act in 1978. The act was introduced by the Janata Party government under the leadership of Morarji Desai and was aimed at ensuring that in the future, Emergency could never be proclaimed on dubious grounds.
When does a president proclaim an emergency in India?
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”.
Can a proclamation issued under Article 352 be revoked?
Article 352 (2): A proclamation issued Article 352 (1) can be revoked by a subsequent proclamation. 44 th Amendment introduced A. 352 (3) wherein it contained that the President shall declare no proclamation unless the same has been communicated to him in writing by the Union Cabinet.
Which is the 44th anniversary of Indian Emergency?
Indian leaders marked the 44th anniversary of the Emergency by taking to Twitter to remind people of the excesses committed by the government in 1975.
