What is the Article 352?

By BYJU'S Exam Prep

Updated on: November 9th, 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.

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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