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 th...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.