Article 352 of the Constitution of India

emergency exists whereby the security of India or of anypart of the territory thereof is threatened, whether bywar or external aggression or 1[armed rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part of theterritory thereof as may be specified in the Proclamation]. 3[Explanation. —A Proclamation of Emergency declaring that the security of India or any part of theterritory thereof is threatened by war or by externalaggression or by armed rebellion may be made beforethe actual occurrence of war or of any such aggression orrebellion, if the President is satisfied that there is imminentdanger thereof.] 4[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamationunless the decision of the Union Cabinet (that is to say,the Council consisting of the Prime Minister and otherMinisters of Cabinet rank appointed under article 75)that such a Proclamation may be issued has beencommunicated to him in writing. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, exceptwhere it is a Proclamation revoking a previousProclamation, cease to operate at the expiration of onemonth unless before the expiration of that period it hasbeen approved by resolutions of both Houses ofParliament: 218Proclamation of Emergency. 1Subs by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for “internal disturbance” (w.e.f. 20-6-1979). 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977). 3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979). 4 Subs. by s. 37, ibid., for cls. (2), (2A) and (3) (w.e.f. 20-6-1979). Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved,or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has beenpassed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period,the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before theexpiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause(4): Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further periodof six months from the date on which it would otherwise have ceased to operate under this clause: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance inforce of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has beenpassed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of thePeople first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the Proclamationhas been also passed by the House of the People.THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 352.)219 (6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by amajority of the total membership of that House and by amajority of not less than two-thirds of the Members ofthat House present and voting. (7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke aProclamation issued under clause (1) or a Proclamationvarying such Proclamation if the House of the Peoplepasses a resolution disapproving, or, as the case may be,disapproving the continuance in force of, suchProclamation. (8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House ofthe People has been given, of their intention to move aresolution for disapproving, or, as the case may be, fordisapproving the continuance in force of, a Proclamationissued under clause (1) or a Proclamation varying suchProclamation,— (a) to the Speaker, if the House is in session; or (b) to the President, if the House is not in session, a special sitting of the House shall be held within fourteen days from the date on which such notice is received bythe Speaker, or, as the case may be, by the President, forthe purpose of considering such resolution.] 1[2[(9)] The power conferred on the President by this article shall include the power to issue differentProclamations on different grounds, being war or externalaggression or 3[armed rebellion] or imminent danger of war or external aggression or 3[armed rebellion], whether or not there is a Proclamation already issued by thePresident under clause (1) and such Proclamation is inoperation. 4* * * * * ] 1Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively). 2Cl. (4) re-numbered as cl. (9) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f 20-6-1979). 3Subs. by s. 37, ibid., for “internal disturbance” (w.e.f 20-6-1979). 4Cl. (5) omitted by s. 37, ibid. (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Art. 352.)220