Article 352 of CoI : Article 352: Proclamation of Emergency.

Explanation using Example

Example 1:

Scenario: Imminent Threat of War

Situation: India receives credible intelligence reports indicating that a neighboring country is planning a large-scale military invasion. The threat is considered imminent, although no actual aggression has occurred yet.

Application of Article 352:

1. President's Satisfaction: The President, after consulting with the Union Cabinet, is satisfied that there is a grave emergency due to the imminent threat of war.
2. Proclamation Issued: The President issues a Proclamation of Emergency, declaring that the security of India is threatened by the imminent danger of war.
3. Parliament Approval: The Proclamation is laid before both Houses of Parliament. Within one month, both Houses pass resolutions approving the Proclamation.
4. Duration: The Proclamation remains in force for six months, unless revoked earlier or extended by further resolutions of Parliament.

Impact on Citizens:

• Government Powers: The central government gains extensive powers to manage the emergency, including the ability to override state laws and direct state governments.
• Civil Liberties: Certain fundamental rights, such as the right to move freely throughout the country or the right to assemble peacefully, may be restricted to ensure national security.

Example 2:

Scenario: Armed Rebellion in a State

Situation: A state in India experiences a severe armed rebellion, with insurgent groups taking control of several districts and threatening the stability of the region.

Application of Article 352:

1. President's Satisfaction: The President, based on the Union Cabinet's advice, is satisfied that the armed rebellion poses a grave threat to the security of the state and potentially the entire country.
2. Proclamation Issued: The President issues a Proclamation of Emergency, declaring that the security of the state is threatened by armed rebellion.
3. Parliament Approval: The Proclamation is laid before both Houses of Parliament. Within one month, both Houses pass resolutions approving the Proclamation.
4. Duration: The Proclamation remains in force for six months, unless revoked earlier or extended by further resolutions of Parliament.

Impact on Citizens:

• Government Powers: The central government can deploy armed forces and take direct control of the state's administration to restore order.
• Civil Liberties: Certain fundamental rights, such as the right to free speech or the right to assemble, may be restricted to prevent the spread of rebellion and maintain public order.

Example 3:

Scenario: External Aggression

Situation: A neighboring country launches a surprise attack on India's border regions, causing significant military and civilian casualties.

Application of Article 352:

1. President's Satisfaction: The President, after consulting with the Union Cabinet, is satisfied that the external aggression constitutes a grave emergency.
2. Proclamation Issued: The President issues a Proclamation of Emergency, declaring that the security of India is threatened by external aggression.
3. Parliament Approval: The Proclamation is laid before both Houses of Parliament. Within one month, both Houses pass resolutions approving the Proclamation.
4. Duration: The Proclamation remains in force for six months, unless revoked earlier or extended by further resolutions of Parliament.

Impact on Citizens:

• Government Powers: The central government can take all necessary measures to repel the aggression, including mobilizing the armed forces and imposing curfews.
• Civil Liberties: Certain fundamental rights, such as the right to privacy or the right to property, may be restricted to facilitate defense operations and ensure national security.