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Home > Know Your Rights > Rights during National Emergency
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Legal Framework

·  Article 352 of the Constitution of India deals with the Proclamation of Emergency. It states that: “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, make 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.”

 

·  Article 359 of the Constitution of India deals with suspension of the enforcement of the fundamental rights during emergencies. It states that:

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 Article 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 .”

 

·  By 44TH Amendment Act, 1978, the word ”INTERNAL DISTURBANCES” was substituted by “ARMED REBELLION” in Article 352 of the Constitution pertaining to the declaration of National Emergency.

 
 
 
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