The National Emergency in India can be declared by the President of India due to the external aggression or armed revolt through- A. Article-352 B. Article-356 C. Article-360 D. Article-368

Article-352
Article-356
Article-360
Article-368

The correct answer is: A. Article-352

Article 352 of the Constitution of India deals with the Proclamation of Emergency. It states that the President may, on the recommendation of the Union Council of Ministers, by Proclamation, declare that a

grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion.

The President may issue a Proclamation of Emergency if he is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion. The Proclamation of Emergency must be laid before each House of Parliament and shall cease to operate at the expiration of a period of six months from the date of its issue, unless before the expiration of that period it has been approved by both Houses of Parliament.

The Proclamation of Emergency may be renewed from time to time by the President for a period not exceeding six months at a time, on the recommendation of the Union Council of Ministers. However, the total period for which the Proclamation of Emergency may remain in force shall not exceed three years.

The effect of a Proclamation of Emergency is that the President may:

  • suspend the operation of the Fundamental Rights, except Articles 20 and 21;
  • assume to himself all or any of the powers of the State Governments;
  • declare that the powers of the Parliament shall extend to any matter in the State List;
  • make any such provision for the peace, order and good government of any part of the territory of India as he may deem necessary by reason of the Proclamation.

The Proclamation of Emergency has been used by the Government of India on several occasions, including during the Indo-Pakistani War of 1971, the Emergency of 1975-77, and the Kargil War of 1999.

The other options are incorrect because:

  • Article 356 deals with the President’s Rule.
  • Article 360 deals with Financial Emergency.
  • Article 368 deals with Amendment of the Constitution.