National Emergency
Context: The Congress on Thursday said the Union government was considering a plan to call a special session of Parliament on June 25 and 26 to mark the 50th anniversary of the Emergency.
Important Pointers:
Grounds for Declaration: Can be declared when India’s security is threatened by war, external aggression, or armed rebellion.
Pre-emptive Declaration: The President can declare an emergency even before the actual occurrence of such threats if satisfied of imminent danger.
Types of Emergencies:
External Emergency: Declared due to war or external aggression.
Internal Emergency: Declared due to armed rebellion.
Authority to Declare: Only the President of India can proclaim a national emergency under Article 352.
Different Proclamations: The President may issue separate proclamations on different grounds simultaneously.
Non-justiciable Nature: The President’s satisfaction to declare an emergency is non-justiciable (i.e., cannot be challenged in court).
Effect on Fundamental Rights: The right to constitutional remedies (Article 32) may be suspended during a national emergency.
38th Amendment Act, 1975: Strengthened presidential discretion and clarified that the grounds for an emergency are final and beyond judicial review.
Approval and Duration of Emergency
Approval Timeline: Must be approved by both Houses of Parliament within 1 month by a special majority.
If Lok Sabha Dissolved: If Lok Sabha is not in session or dissolved, approval must come within 30 days of its first sitting, provided Rajya Sabha has already approved.
Duration: Once approved, the emergency remains in force for 6 months.
Extension: Can be extended indefinitely, but each extension requires parliamentary approval every 6 months with a special majority.