With reference to Article 352 National emergency which of the following statements are correct? (a) Under Article 352 the State Government continues to function, it cannot be dismissed. (b) The effect of Article 352 is that the centre gets concurrent power of legislation and administration in the state. (c) Under Article 352 the state assembly also continues to operate.

With reference to Article 352 National emergency which of the following statements are correct? (a) Under Article 352 the State Government continues to function, it cannot be dismissed. (b) The effect of Article 352 is that the centre gets concurrent power of legislation and administration in the state. (c) Under Article 352 the state assembly also continues to operate. Correct Answer (a), (b), (c)

The correct answer is (a), (b), (c).

• NATIONAL EMERGENCY
  • ​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.
  • It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger. 
  • The President can also issue different proclamations on grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not there is a proclamation already issued by him and such proclamation is in operation.
  • This provision was added by the 38th Amendment Act of 1975.
  • When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
  • On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.

Key Points

Effects of National Emergency

• ​A proclamation of Emergency has drastic and wide-ranging effects on the political system. These consequences can be grouped into three categories:
  • Effect on the Centre-state relations
    • While a proclamation of Emergency is in force, the normal fabric of the Centre-state relations undergoes a basic change. This can be studied under three heads, namely, executive, legislative and financial.
      • Executive: During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. In normal times, the Centre can give executive directions to a state only on certain specified matters. However, during a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter. Thus, the state governments are brought under the complete control of the Centre, though they are not suspended.
      • Legislative: During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures are not suspended. In brief, the Constitution becomes unitary rather than federal.
      • Financial: While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states. This means that the president can either reduce or cancel the transfer of finances from the Centre to the states. Such modification continues till the end of the financial year in which the Emergency ceases to operate. Also, every such order of the President has to be laid before both the Houses of Parliament.
  • ​Effect on the life of the Lok Sabha and State assembly
    • ​While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond its normal term (five years) by a law of Parliament for one year at a time (for any length of time).
    • However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate. For example, the term of the Fifth Lok Sabha (1971–1977) was extended two times by one year at a time.
    • Similarly, the Parliament may extend the normal tenure of a state legislative assembly (five years) by one year each time (for any length of time) during a national emergency, subject to a maximum period of six months after the emergency has ceased to operate.
  • ​Effect on the Fundamental Rights 
    • Articles 358 and 359 describe the effect of a National Emergency on Fundamental Rights.
    • Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).