Proclamation of Emergency
Also called: National Emergency, Emergency under Article 352
A Proclamation issued by the President under Article 352(1) declaring that the security of India or any part of it is threatened by war, external aggression or armed rebellion. Article 366(18).
Explained
Article 366(18) of the Constitution says that a Proclamation of Emergency means a Proclamation issued under clause (1) of Article 352. Under Article 352(1), if the President is satisfied that a grave emergency exists whereby the security of India or any part of its territory is threatened, whether by war or external aggression or armed rebellion, he may by Proclamation make a declaration to that effect for the whole of India or a specified part. The Explanation allows a Proclamation before the actual occurrence of war, aggression or rebellion if there is imminent danger. The expression in the Constitution refers only to this national emergency, not to President's Rule under Article 356 or a financial emergency under Article 360.
The safeguards are mostly from the Constitution (Forty-fourth Amendment) Act, 1978, which replaced 'internal disturbance' with 'armed rebellion'. The President may act only when the decision of the Union Cabinet is communicated to him in writing (Article 352(3)). The Proclamation must be laid before each House and lapses after one month unless approved by both Houses (Article 352(4)); once approved it lasts six months and may be continued for further periods of six months (Article 352(5)). Each resolution needs a majority of the total membership of the House and two-thirds of members present and voting (Article 352(6)). The President must revoke it if the Lok Sabha passes a resolution of disapproval (Article 352(7)), and one-tenth of the members of the Lok Sabha may require a special sitting for that purpose (Article 352(8)).
The effects are significant. Under Article 353, the Union executive may give directions to any State, and Parliament may confer powers and impose duties on the Union and its officers even on matters outside the Union List. Article 250 separately lets Parliament legislate on State List matters. Article 358 removes the restriction of Article 19 on the State, but only while a Proclamation on the ground of war or external aggression is in operation, not one based on armed rebellion. Under Article 359, the President may by order suspend the right to move any court for enforcement of rights in Part III, except Articles 20 and 21.
Examiners test the three grounds, the written Cabinet decision, the special majority and the limits of Articles 358 and 359.
What the law says
(18) “Proclamation of Emergency” means a Proclamation issued under clause (1) of article 352;
Article 366(18) defines Proclamation of Emergency
[Explanation.— A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.]
[(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 Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing.
Grounds, procedure, approval and duration of the Proclamation
While a Proclamation of Emergency is in operation, then—
(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;
(b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List: [Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—
Effect of a Proclamation of Emergency
(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to [goods and services tax provided under article 246A or] any of the matters enumerated in the State List.
(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
Parliament may legislate on State List matters during an Emergency
[(1)] [While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation], nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:
[Provided that [where such Proclamation of Emergency] is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.]
[(2) Nothing in clause (1) shall apply—
Suspension of Article 19 during war or external aggression
(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of [the rights conferred by Part III (except articles 20 and 21)] as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
[(1A) While an order made under clause (1) mentioning any of [the rights conferred by Part III (except articles 20 and 21)] is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:]
[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.]
Suspension of enforcement of Part III rights except Articles 20 and 21
For the exam
- Defined in Article 366(18) as a Proclamation under Article 352(1).
- Grounds: war, external aggression or armed rebellion; 'internal disturbance' was removed in 1978.
- Written decision of the Union Cabinet is required (Article 352(3)).
- Approval by both Houses within one month by special majority; continues six months at a time.
- Article 358 applies only for war or external aggression; Article 359 cannot suspend Articles 20 and 21.
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Related terms
- The State (Article 12)For Part III of the Constitution, the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities in India or under the control of the Government of India.
- LawFor Article 13 of the Constitution, law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in India.
- Union territoryAny Union territory specified in the First Schedule to the Constitution, including any other territory within India not specified in that Schedule. Article 366(30) of the Constitution.
- Habeas corpusA writ directing a person or authority holding someone in custody to produce him before the court and show lawful authority for the detention, failing which he is set free. Issued under Articles 32 and 226.
- Salus populi suprema lexThe welfare or safety of the people is the supreme law. The maxim justifies the State's power to restrict private rights in the public interest, within constitutional limits.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.