EMERGENCY: ARTICLE 352

EMERGENCY is defined under article 352 of The Indian Constitution :

if the President is satisfied that the grave of emergency exists whereby the security of India or any part of the territory thereof is threatened whether by:
1. WAR
2. EXTERNAL AGGRESSION
3. ARMED REBELLION , he may, by proclamation , make a declaration to that effect .

EMERGENCY IS OF 3 TYPES:

• National emergency
• State emergency
• Financial Emergency

BEFORE 1978 the third Emergency was stated as internal disturbance which was amended in the year by 44th amendment of Indian Constitution. The reason was the election which was held VOID in the year 1975 when INDIRA GANDHI was to become the PRIME MINSTER. Smt. Indira Gandhi mis-used the power of emergency and she declared INDIA to be as EMERGENCY for a period of 2 years. during the period of Emergency each person who is a citizen of India loses all his fundamental rights(before 1978) and no one has a right to speak even.

At that time there was a freedom fighter - JAI PRAKASH NARAYAN who made unions and who used to deliver lectures that nobody should obey the illegal orders conveyed by the prime minister as the powers are being mis-used.

All the persons who were in opposition to congress where sent to jail . The reason behind that was - during the state of emergency no one is allowed to be in groups and unions. so they all were arrested and were put in prisons from more than 1 and a half year.

the emergency which was imposed was INTERNAL DISTURBANCE by Smt. Indira Gandhi.

After that Indira Gandhi along with the other Members of Congress amended the Constitution by:

ELECTION OF ANY MINISTER OF PARLIAMENT WHO IS CHOSEN AS A PRIME MINISTER CANNOT BE CHALLENGED IN THE COURT.

( this bill was taken into action at that time)

after the emergency was declared over, all those people who were there in the prison came out and made a Political party named as JANTA PARTY.

in the election which held in the year of 1977 , Congress lost all its Power and a new political party was in - JANTA PARTY.

in the following year i.e. 1978 The constitution was amended by the 44th amendment that there would be no emergency for INTERNAL DISTURBANCE whereas the third Emergency would be ARMED REBELLION.

1. during the state of Emergency FUNDAMENTAL RIGHT of article 21 will remain alive.

2. Emergency can be declared for a period of 1 month, if needs further by special resolution for an extended period of 6 months.