Emergency
Indian Polity · आपातकाल · 19 facts
The 2nd and 3rd Emergency overlapped — both were revoked together on 21 March 1977
'Internal disturbance' replaced with 'Armed Rebellion' in Art 352
President can declare Emergency only on WRITTEN advice of Cabinet (not just PM)
Art 20 and Art 21 (Right to Life) CANNOT be suspended even during Emergency
Parliament approval time reduced from 2 months to 1 month for National Emergency
Special Majority required (instead of Simple) for approving National Emergency
Art 352 can be applied to part of India (not necessarily whole country)
Lok Sabha can pass resolution to revoke Emergency by Simple Majority
During National Emergency: Art 19 (6 freedoms) automatically suspended
Art 19 suspended ONLY in case of war/external aggression, NOT armed rebellion (44th Amd)
Art 20 (Protection from conviction) and Art 21 (Right to Life) can NEVER be suspended
Other Fundamental Rights can be suspended by separate Presidential Order under Art 359
Right to move court under Art 32 can be suspended during Emergency (but not Art 226)
FIRST National Emergency → 26 Oct 1962 (Chinese Aggression)
ONLY Emergency on 'internal disturbance' → 1975 (by Indira Gandhi)
Financial Emergency has NEVER been declared in India
FIRST state to have President's Rule → Punjab (1951)
President who signed 1975 Emergency → Fakhruddin Ali Ahmed
Art 356 used MOST in Indira Gandhi's era