Q. Consider the following statements with respect to National Emergency (Article 352):
1. President proclaims a national emergency only after receiving a written recommendation from the cabinet.
2. President can declare a national emergency only on the actual occurrence of war or external aggression.
Which of the following above statements is/are correct?
- Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
- It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
- The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet3. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.
- In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli.
- The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.