Article 352 In English | Article 352 Of Indian Constitution In English | What Is Article 352

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Article 352 Of Indian Constitution In English

Article 352 – Proclamation of Emergency.
(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, made a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation 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 (I) may be or revoked by a subsequent proclamation.
(3) The President shall not issue a Proclamation under clause (I) 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 under Article 75) that such a Proclamation may be issued has been communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament 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 place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed 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 the expiration 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 period of six months from the date on which it would otherwise have ceased of 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 an a resolution approving the continuance in force of such Proclamation has been passed 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 the People 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 proclamation has been also passed by the House of the People.

(6) For the purpose of clause ( 4 ) and ( 5 ), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting.
(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (l) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation.
(8) Where a notice in writing signed by not less than one tenth of the total number of members of the House of the People has been given of, their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (l) or a Proclamation varying such Proclamation,
(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 by the Speaker, or as the case may be, by the President, for the purpose of considering such resolution.

(9) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or armed rebellion or imminent danger of war or external aggression or armed rebellion, whether or not here is a Proclamation already issued by the President under clause (l) and such Proclamation is in operation.

Indian Constitution part 18 articles

Article 352 In English

352 Article – declaration of emergency.
(1) If the President is satisfied that a grave emergency exists which threatens the security of India or any part of its territory, whether by war or external aggression or armed rebellion, he may, by proclamation A declaration may be made in respect of the whole of India or with respect to such part of its territory as may be specified in the proclamation, a declaration of emergency that declares that the security of India or any part of its territory shall be protected by war or There is a threat from external aggression or armed rebellion may be carried out before the actual occurrence of war, or before any such aggression or rebellion, if the President is satisfied that there is an imminent threat.
(2) A proclamation issued under clause (I) may be annulled or annulled by a subsequent proclamation.
(3) The President shall not issue a proclamation under clause (I) or a proclamation setting aside such proclamation unless there is a decision of the Union Cabinet (that is, the Council consisting of the Prime Minister and other ministers of cabinet rank under Article 75) that such declaration may be issued, he has been informed in writing.
(4) Every proclamation issued under this article shall be laid before each House of Parliament and, unless it is a proclamation annulling the previous proclamation, shall cease to function at the expiration of one month when unless it is terminated before the expiry of that period. Approved by resolutions of both Houses of Parliament Provided that if any such Proclamation (not being a Proclamation annulling the previous Proclamation) is issued at the time when the House of the People is dissolved, or during a period of one month, this clause, and if a resolution approving the Proclamation has been passed by the Council of State, but no resolution in respect of such Proclamation has been passed by the House of the People before the expiration of that period, the operation of the Proclamation shall cease to exist on the expiration of thirty days from the date on which the House of the People after its reconstitution sits for the first time, unless before the expiry of the said period. A resolution approving the proclamation in 30 days has also been passed by the Lok Sabha.
(5) The Proclamation so accepted shall, unless repealed, cease to function 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 as often as a motion approving the continuance of such Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless repealed, remain in force for a further period of six months from that date. on which it would be otherwise. Provided that if the dissolution of the House of the People occurs during any period of six months, a resolution approving the continuance of such proclamation is passed by the House of the People. For the said period, the Proclamation shall cease to function on the expiry of thirty days from the date on which the House of the People sits for the first time after its reconstitution, unless, before the expiry of the said period of thirty days, approval to continue. Not a resolution giving the proclamation has also been passed by the Lok Sabha.
(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and a majority of not less than two-thirds of the members. Attendance and voting of that House.
(7) Notwithstanding anything contained in the foregoing clause, the President shall set aside a Proclamation issued under clause (l) or a Proclamation setting aside such Proclamation, if the House of the People passes a resolution, as the case may be. as the case may be, or, as the case may be, passes a disapproving resolution. To continue in the force of such proclamation.
(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People, intends to move a motion for the disapproval, or, as the case may be, under clause (l) refusing to continue in force a proclamation issued under or a proclamation replacing such proclamation,
(a) to the Speaker, if the House is in session; either
(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 by the Speaker or the President, as the case may be. , for the purpose of considering such resolution.

(9) The power conferred on the President by this article shall include the power to issue separate proclamations of war or external aggression or armed rebellion or imminent threat of war or external aggression or armed rebellion, on various grounds, whether there is one Whether a proclamation already issued by the President under clause (l) and such proclamation is in force.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 352 Of Indian Constitution?

Article 352 Debate Summary

Draft Article 275 (Article 352) was debated on 2 August 1949. It gave the President the power to declare an emergency if he is satisfied that India’s security is at risk. It also laid down the conditions under which such a declaration would continue to operate.

The chairman of the drafting committee began the debate with an amendment to replace ‘domestic violence’ with ‘external aggression’ and ‘internal disturbance’ to better capture the extent of situations that require a declaration of emergency. Might be possible. A member in support of the amendment stated that a country could find itself at war without a formal declaration of war. He said this was the case when Hitler invaded Poland in World War II. The assembly appeared to unanimously support the amendment. However, conflict came to the fore when the role of the President came up for discussion.

Many members felt that the draft article made the President too powerful and were concerned about the threat to democracy, fundamental rights and federalism. One member proposed that the President should declare emergency only ‘on the advice of his Council of Ministers’. It will ensure that the President does not abuse his power – to protect the liberty of individuals and the power of the Indian states. The members who spoke on these lines felt more comfortable with the declaration of emergency by the Parliament. Not all members accepted these arguments.

A member said that the draft article requires Parliament to approve the proclamation of emergency and, therefore, the President does not have additional power. Furthermore, this member saw the President as a more appropriate authority than the Parliament to judge India’s security and declare an emergency. He argued that the Parliament, elected through adult suffrage, consisted of ‘uneducated’ persons, who were susceptible to foreign influence. Another member suggested that there was no real threat to an autocratic president because the articles of the latter draft had substantial safeguards. At the end of the debate, the Assembly adopted the draft article only with the amendment of the Chairman of the Drafting Committee.

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