Constitutional Law: PROCLAMATION OF

EMERGENCY

 In a federal system, power divided between center and state. This may
make central government weak esp in times of emergency.
 In India, framers of consti were aware of this issue and therefore and
made the provision: Part 18 (emergency prov)
 Because of these emergency provision, union gets enlarged power if presi
claims emergency. If presi proclaims emergency and gets enlarged power,
any check and balance? The power is controlled by parliament to ensure
gov doesn’t misuse it.
 Three varieties of emergency: (i) emergency because of threat to security
of India. Art 352. (ii) State emergency – failure of consti machinery at
state leve;. A356. (iii) art. 360 financial emergency. In generic sense,
emergency is 352.
 The consti amended in 44th AA of 1978- huge changes in art. 352. Force
from June 1979. Earlier many prov thought to be making centre too
strong so necessary changes made in this AA.
 Emergency enables union gov to disregard FR and federal distribution of
power. Emergency proclaimed under 352 is conditional upon:
- If presi satisfied that: grave emergency exists whereby the security of
India is threatened whether by: war; external aggression; armed
rebellion. (before 44th AA, the term was internal disturbance: wide
cope of misuse)
- He may by proclamation make a declaration to that effect.
- 44th AA based on bitter experience of internal emergency in 1975.
- Now presi shall proclaim emergency when there’s written advice by
cabinet.
  WAR: a violent struggle against a foreign power takes place through
use of armed forces.
 External Aggression: act which did not amount to actual war or were
less than war.
 Armed Rebellion: …
 Satisfaction of pres: in the constitutional sense: the president may issue
a proclamation of emergency not only after the actual occurrence of the
events specified in art 352 but also before such occurrence if, as
provided in the explanation to art 352(1), he is satisfied of an imminent
danger of its occurrence.
 A proclamation of emergency is generally notified by publication in the
official gazette. But such publication is not obligatory either for
bringing into effect or for the operation and continuance of the
proclamation.
 A promulgation remains enforced only for 30 days unless approved by
each house of parli. If both ratify it, gives life of 6 months. They can
ratifiy again and extend again for 6 months.
 Change on ground on which emergency proclaimed, then fresh
proclamation is required.
 Emergency ends automatically say if no new ratification, or parli
doesn’t approve after 30 days. Or if presi revokes it. Or presi can
revoke it on gov advice. Or LS may resolve by passing simple majority
and presi may revoke on that basis.
 Repercussions of proclamation: affect executive, legislative and
financial functioning of state. So let’s say union gov can make law on
subjects in state list. Consequences of emergency cold be pan India
even if emergency in one part of country.
 Duration:
- a proclamation of emergency may be revoked at any time by a
subsequent proclamation.

2
 - Emergency must not be continued for any period beyond whats
absolutely necessary.
- Scuh procalamation shall be laid before both house of parli and
hsalll cease to operate at the expiration of 1 month unless before
the expiration of the period, it has been approved by reso of both
houses of parli.
- 1. House can: approve the proclamation by passing a reso
 shall remain in force for 6 months from the date of such reso
and …

- No action taken:
If neither house acts or only one does, it ceases to operate at end
of one month.
Proclamation must be approved by both houses of parlia with a
majority of total no. of house + 2/3rd of the total members present
and voting.
If suppose house of people dissolved or dissolved in that one
month period and proclamation hasn’t been approved by a reso,
proclamation ceases to operate at the expiration of 30 days…

- Reject of disapprove it

 Consequences: