Constitution of IndiaPart XVIII

Article 352

Proclamation of Emergency

national emergencyArticle 352warexternal aggressionarmed rebellionEmergency 1975security of India

Plain English Explanation

Article 352 provides for National Emergency. The President can declare a national emergency if India's security is threatened by: (1) War, (2) External aggression, or (3) Armed rebellion (changed from "internal disturbance" by 44th Amendment). National Emergency has been proclaimed three times: 1962 (China War), 1971 (Pakistan War), 1975 (internal disturbance — controversial). During emergency, Fundamental Rights under Articles 19, 20, and 21 can be suspended (though 20 and 21 cannot be suspended).

Legal Text

The Constitution of India · Article 352

(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.