Article 352 of the Constitution of India: General Emergency

Article 352 of the Constitution of India deals with the provision of a general emergency in the country. A general emergency is a situation where the security of the country or a part of it is threatened by war, external aggression, or armed rebellion. This article empowers the President of India to declare a state of emergency in such circumstances.

Key Provisions of Article 352:

1. Grounds for declaring an emergency: The President can declare a state of emergency only if he is satisfied that a grave emergency exists whereby the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion.

2. Resolution by Parliament: The President's proclamation of emergency must be approved by both houses of Parliament within one month. If both houses do not pass a resolution approving the proclamation, it shall cease to operate.

3. Duration: The initial proclamation of emergency is valid for a period of six months. However, it can be extended by Parliament for an indefinite period in six-month increments. The emergency can be in force for an extended period if the conditions warrant it.

4. Effects of emergency: During a general emergency, the President can suspend the enforcement of certain fundamental rights guaranteed by Part III of the Constitution. However, the rights to life and personal liberty cannot be suspended.

5. Effect on the executive and legislative powers: The President assumes extraordinary powers under the emergency and can issue orders that would otherwise require parliamentary approval. The Parliament can also make laws on subjects that fall under the state list, thus overriding the powers of the state governments.

6. Revocation: The President has the power to revoke the proclamation of emergency at any time if he is satisfied that the grounds for emergency no longer exist. The revocation can also be done by a subsequent resolution passed by both houses of Parliament.

Conclusion:

Article 352 of the Constitution of India provides for a general emergency in case of a severe threat to the security of the country. It grants the President certain powers to effectively deal with the situation. However, the proclamation of emergency and the suspension of fundamental rights are subject to parliamentary approval and periodic review. This provision ensures that emergency powers are not misused and that the democratic fabric of the country is upheld even during times of crisis.