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Article 352 of the Constitution of India contains provisions related to
Explanation
Article 352 of the Constitution of India provides for the proclamation of a 'National Emergency' [2]. This type of emergency is declared by the President when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion [1]. While the Constitution officially uses the term 'proclamation of emergency' to denote this situation, it is popularly referred to as a general or national emergency to distinguish it from other types [1]. In contrast, Article 356 deals with the failure of constitutional machinery in States (President's Rule), and Article 360 pertains to financial emergencies [1]. Article 352 allows the Union to exercise overriding powers over the states to maintain national security. The enforcement of fundamental rights can be suspended during such an emergency under Articles 358 and 359, but these are distinct procedural consequences rather than the primary subject of Article 352 itself [3].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Emergency Provisions > p. 173
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Emergency Provisions > p. 173
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 414