What is the Article 352?
By Balaji
Updated on: March 2nd, 2023
According to Article 352 of the Indian Constitution, the President has the authority to proclaim a National Emergency in the country when the security of the country or any portion of it is jeopardized by war-like circumstances, armed revolt, or external aggression. In India, there are three types of emergencies: National Emergency, President’s Rule, and Financial Emergency. Article 352 discusses the National Emergency provision.
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Article 352 in the Constitution of India
Article 352 of the Indian Constitution deals with the President imposing a state of national emergency in the country amid war-like situations. The following are some significant features of this article:
- The proclamation of National Emergency can be limited to a specific part of the country by the President as per the 42nd Amendment Act, 1976.
- It can be implemented after getting a written recommendation from the Cabinet.
- It can be imposed for at least 6 months and can be extended for every 6 months to an indefinite period after Parliament’s approval.
- Till now, the state of National Emergency has been imposed three times which is in 1962, 1971, and 1975.
- After the 44th Amendment Act of 1978, the phrase ‘armed rebellion’ was used to replace the original phrase ‘internal disturbance’ under Article 352.
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