Article 352 of the Costitution of India with Case law
Here is a detailed explanation of Article 352 of the Constitution of India, along with significant case law:
🇮🇳 Article 352 – Proclamation of Emergency (National Emergency)
🔹 Text of Article 352 (as amended):
Article 352(1):
If the President is satisfied that a grave emergency exists whereby the security of India or any part thereof is threatened by war, external aggression or armed rebellion, he may, by Proclamation, declare that a state of emergency exists.
Explanation to Clause (1):
A Proclamation of Emergency on grounds only of internal disturbance shall not be made.
Subsequent Clauses:
The Proclamation must be approved by both Houses of Parliament within 1 month.
It can last for 6 months at a time after approval and can be re-extended.
Parliament gets the power to make laws for the whole or any part of India.
Fundamental Rights (especially under Article 19) may be suspended during this time.
The effect of federalism is diluted; Union gets more control.
🔍 Purpose and Evolution:
| Feature | Details |
|---|---|
| Initial Intent | To deal with serious national crises like war or aggression |
| Original Grounds | War, external aggression, and internal disturbance |
| 44th Amendment (1978) | Replaced "internal disturbance" with armed rebellion and added safeguards |
| Key Change | Introduced the requirement of written advice by the Cabinet to the President (Clause 3) |
⚖️ Landmark Case Law on Article 352:
🔹 1. S.R. Bommai v. Union of India (1994)
Citation: AIR 1994 SC 1918
Key Principle:
Though primarily about President’s Rule under Article 356, the Supreme Court held that emergency powers under Article 352 are subject to judicial review.
The Court stated that the satisfaction of the President is not beyond review if it's based on mala fide or irrelevant considerations.
🔹 2. A.K. Gopalan v. State of Madras (1950)
Citation: AIR 1950 SC 27
Relevance:
Early case on detention laws during emergencies.
Supported the view that during emergency, Article 19 could be suspended, which was later limited by 44th Amendment.
🔹 3. ADM Jabalpur v. Shivkant Shukla (1976) (Infamously known as the Habeas Corpus case)
Citation: AIR 1976 SC 1207
Facts: During the 1975 Emergency, people detained under MISA challenged the legality of their detention.
Held:
Majority (4:1) held that no person has the right to move any court for enforcement of rights during an Emergency (i.e., Article 21 also suspended).
Justice H.R. Khanna dissented, defending the right to life even during Emergency.
Widely criticised later; overruled in 2017 (Puttaswamy case).
🔹 4. Minerva Mills Ltd. v. Union of India (1980)
Citation: AIR 1980 SC 1789
Held:
Supreme Court struck down parts of 42nd Amendment which tried to make Emergency powers and Parliament’s amendments absolute.
Reinforced the "Basic Structure Doctrine" and ruled that Emergency powers are not beyond review.
🔹 5. Indira Nehru Gandhi v. Raj Narain (1975)
Citation: AIR 1975 SC 2299
Context: During Emergency, constitutional amendments were used to validate Indira Gandhi's election.
Held:
Supreme Court invalidated such an amendment and reiterated the importance of democracy as part of the basic structure.
📌 Summary Table:
| Feature | Details |
|---|---|
| Grounds for Emergency | War, external aggression, or armed rebellion |
| Duration | 6 months (renewable) |
| Approval | Parliament (both Houses) within 1 month |
| Effect on Rights | Article 19 suspended; others limited |
| Effect on Centre-State | Union assumes greater control |
| Judicial Review | Allowed (as per Minerva Mills, Bommai) |
| Misuse History | 1975–77 Emergency widely criticised |
| Safeguards added by | 44th Constitutional Amendment Act, 1978 |
🧠 Conclusion:
Article 352 grants the Union executive extraordinary powers during national emergencies, but its misuse during the 1975 Emergency exposed the dangers of unchecked power. Post-1978 reforms brought in safeguards, judicial oversight, and clarified that basic rights cannot be entirely suspended. It remains one of the most critical and controversial articles in India’s constitutional history.
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