What is meant by ‘Proclamation of Emergency’? Also, discuss the various effects of such Proclamation made under Article 352(1).

Question: What is meant by ‘Proclamation of Emergency’? Also, discuss the various effects of such Proclamation made under Article 352(1). [BJS 2017]

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Answer

A Proclamation of Emergency is made usually before the actual outbreak of war or any other invasion or uprising if the President is convinced that it is an imminent danger. An Authorization issued by a subsequent Proclamation can always modify or withdraw the previously approved proclamation.

The Executive, Legislative and Administrative Powers rest with the Union during the Emergency period though the State Council isn’t suspended. Article 250 of the Constitution grants the power to the power to the Union Government to administer on all subjects identified in the State List.

There are three grounds on which a Proclamation of Emergency can be issued:

1. War

War means a hostile contention by means of armed forces, carried on between nations, states, or rulers, or between parties in the same nation or state. After the 42nd Amendment Act, the duration of the President’s rule in a state was extended from 6 months to 1 year, thus, facilitating the proclamation of national emergency in any part of the territory of India.

2. External Aggression

It includes one-state unilateral aggression against another State of force without a formal declaration of war. As long as the other State refuses to react with equal aggressive actions, external aggression may be considered.

3. Armed Rebellion

A deliberate and organized resistance, by use of force and arms against the laws or operations of the government as committed by a subject, termed as armed rebellion. The word ‘armed rebellion’ replaced ‘internal disturbance under article 352 after the 44th Amendment to the Constitution. This amendment also made it mandatory for the President to enforce a proclamation only on the written order from the cabinet.

When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’ and when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.

Effects of the proclamation of Emergency:

1. Suspension of Fundamental rights: According to Article 358, all the six rights under Article 19 are automatically suspended on the Proclamation of Emergency. No separate notification is required in order to prove their adjournment. The 44th Amendment Act of 1978 restricted the authority of this provision in recollecting that the rights under Article 19 can only be suspended when the emergency is declared on grounds of war or external aggression and not on the declaration on the basis of armed rebellion.
2. Effect on Centre-State Relations:
   • Executive power rests totally in the hands of the central government. It can give executive directions to the state on ‘any’ matter.
   • The Legislative authority empowers the center to make laws on subjects mentioned in the State List. The decentralization of power is particularly, suspended.
   • The Financial functions include the reduction or cancellation of transfers from the center to the states. Such reservations continue till the end of the financial year in which the emergency ceases to operate.
3. Extension of tenure of Lok Sabha and State Assembly: The usual life of the Lok Sabha which is 5 years can be extended beyond its normal term for a period of one year at a time. However, this extension cannot continue beyond six months after the emergency has ceased to operate. In a similar parallel, the tenure of the State Legislative Assembly can be extended for a period of one year, but not beyond six months after the emergency has ceased to operate.

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