Q.3) Under what conditions can the 'National' Emergency be proclaimed by the President of India? What are the consequences when such a proclamation remains in force? When was it last imposed in the country?
Main Body
The National emergency under (Art-22B) has a dead letter by be (Declared). Unfortunately it has been misused in the past according to Shah Committee. Conditions for declaring national emergency: (1) External conflict/State (j) war). (2) Internal disturbance - gathered by armed rebellion by 44th amendment 1978. (Consequences for of proclamation) (1) Suspension of fundamental rights (1) (Art-19) automatically. (2) (Art-20 and 21) not suspended. (4) Right to seek grievances → (Art-32) - Also limited for other rights (Suspension of certain rights in fundamental rights): (L) Fiscal) will continue to function as it is. (5) All acts termed necessary for emergency purpose subjected to judicial equity. (Imposition Last Time) → 1976, Indira Gandhi against ever faced disturbance. (Asylum of Premise: PF Kometh called for additional safeguards against emergency provision in assembly.
— PRACHET · AIR 193
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PRACHET
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Emergency Provisions
National Emergency - Conditions, Consequences and Historical Imposition
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