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emergency

English · Constitutional and administrative

Meaning. A constitutional state of exception under Part XVIII that lets the Union take wider powers in a crisis.

The Constitution provides for three kinds. A national emergency under Article 352 may be proclaimed when the security of India is threatened by war, external aggression or armed rebellion; the 44th Amendment (1978) replaced “internal disturbance” with “armed rebellion” and required the Cabinet's written advice. Article 356 provides for President's rule in a State when its constitutional machinery fails; Article 360 provides for financial emergency.

During a national emergency, Article 358 suspends Article 19 (for war or external aggression) and Article 359 lets the President suspend enforcement of other fundamental rights, but not Articles 20 and 21 after the 44th Amendment. ADM Jabalpur had held that no habeas corpus lay during the 1975 Emergency; the nine-judge bench in Puttaswamy (2017) expressly overruled it.

Example

Even during an emergency under Article 352, the right to life under Article 21 cannot be suspended after the 44th Amendment.

In Indian law

See also

due process of law · directive principles of state policy

Read more in the study notes

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