emergency
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
- Articles 352, 356, 358, 359 and 360, Constitution of India
- Additional District Magistrate, Jabalpur v. S.S. Shukla, 1976 INSC 129
- K.S. Puttaswamy v. Union of India, 2017 INSC 801
See also
due process of law · directive principles of state policy
Read more in the study notes
- Rule of law and droit administratif (Administrative Law)
- Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
- Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
- Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
- Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
- Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)