This emergency has been stipulated in Article 352 (1) of the constitution which reads, “if the President is satisfied that a grave emergency exists where by the security of India or of any part of the territory there of is threatened, whether by war or internal aggression or internal disturbance, he may, by a proclamation make a declaration to that effect.”

The President may issue this proclamation even before the actual occurrence of war, aggression or internal disturbance. The President is the sole judge to determine if such an emergency exists or not. His decision in this regard, cannot be questioned in any court of law.

This emergency will cease to have effect at the expiry of two months unless, before that period, it has been approved by there parliament. If the House of people stands dissolved or is dissolved.

Within two months of the proclamation the proclamation must be approved within thirty days of the assembly by the new House of people with the approval of the Parliament it can lost as long as the emergency last.

ADVERTISEMENTS:

The proclamation of the above emergency shall have the following constitutional effects:

(a) The Parliament shall have the power to make laws on all the matters including the matters, specified in the state list; laws so made by the Parliament shall cease to have effect six month after the proclamation has ceased to exist.

(b) Any law made by the state legislature inconsistent with the law made by the Parliament shall be void to the extent inconsistency.

(c) The President may issue ordinance irrespect of state matters.

ADVERTISEMENTS:

(d) The executive of the union shall extend according to its legislative power.

(e) The President may modify the allocation of resources between the centre and the states.

(f) The fundamental right to freedom under Article 19 are automatically suspended, while proclamation of emergency is in operation.

(g) The President may suspend other fundamental rights including the right to constitutional remedies.