Which Article of the Indian Constitution deals with the proclamation of Emergency ?
Article 352
Article 352 provides for the proclamation of a National Emergency — option 4.
The three emergencies in Part XVIII of the Constitution, and the neighbouring article that is not one :
| Article | Provision | Ground |
|---|---|---|
| 352 | National Emergency | War, external aggression or armed rebellion |
| 356 | President’s Rule in a State | Failure of constitutional machinery in the state |
| 360 | Financial Emergency | Threat to the financial stability or credit of India — never yet proclaimed |
| 365 | Not an emergency provision | Where a state fails to comply with a direction of the Union, the President may hold that the constitutional machinery has failed — a gateway to Article 356 |
The mechanics of Article 352. The President may proclaim an emergency if satisfied that a grave emergency exists threatening the security of India or any part of it. Since the 44th Amendment of 1978, three safeguards apply: the proclamation requires the written recommendation of the Cabinet; it must be approved by both Houses within one month, by a special majority; and once approved it lasts six months at a time, renewable only by fresh approval. The Lok Sabha may also disapprove it by a simple majority on a resolution moved by one-tenth of its members.
Why the 44th Amendment mattered. The proclamation of June 1975 had been made on the ground of “internal disturbance”. The 44th Amendment replaced that vague phrase with armed rebellion, added the Cabinet-recommendation requirement, and provided that Articles 20 and 21 can never be suspended — reversing the position taken in the ADM Jabalpur case.
Occasions of use : a National Emergency has been proclaimed three times — in 1962 (China), 1971 (Pakistan) and 1975 (internal disturbance).
Hence, the answer is Article 352.
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