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On June 25, 1975, the President declared National Emergency, on the Prime Minister's recommendation, due to a perceived internal threat.
- Before this, two National Emergency were also proclaimed due to war with China in 1962 and war with Pakistan in 1971.
Current Constitutional provisions on National Emergency
- Proclamation: Could be proclaimed by the President on written request of Union Cabinet (Article 352).
- Grounds: Security of India or any part of it is threatened due to war, external aggression or armed rebellion.
- Parliamentary approval: Proclamations must be approved by both the Houses of Parliament within one month.
- Duration: 6 months since the proclamation which can be extended for another six months (for any number of times) through a resolution passed by both Houses of Parliament.
- Revocation: By President
- Impact
- Suspension of Fundamental Rights (FR):
- State can Suspend Article 19 if the National Emergency is proclaimed due to war or external aggression.
- President can suspend the right to move any court for the enforcement FRs except for Article 20 and Article 21.
- Centralisation of Power
- Legislative: Parliament can make laws for any matter including those in the State List of the Constitution.
- Executive: Union Government can give direction to the states on the way it should exercise executive power (Art. 353).
- Distribution of revenues: President can modify provisions of Articles 268 to 279 (related to allocation of financial resources between Union and States). Modification may last till fiscal year in which such Proclamation ends.
- Suspension of Fundamental Rights (FR):
