Article 352 of Indian Constitution empowers the President to declare a National Emergency in case of war, external aggression, or armed rebellion. It transforms India’s federal structure into a unitary one to protect national security and constitutional order.

BulletsIn

• Article 352 of Indian Constitution allows emergency declaration on war, external aggression, or armed rebellion grounds.
• President can proclaim emergency even before actual occurrence if threat is imminent.
• 44th Amendment replaced “internal disturbance” with “armed rebellion”.
• Cabinet written recommendation mandatory for proclamation after 44th Amendment.
• Parliament must approve emergency within one month by special majority.
• Emergency can continue with parliamentary approval every six months.
• Lok Sabha can force revocation through simple majority resolution.
• Judicial review allowed after removal of 38th Amendment protection.
• Minerva Mills Case allows courts to challenge emergency if mala fide.
• National Emergency imposed thrice in 1962, 1971, and 1975.