IMPLICATIONS
OF ARTICLE 352
AND ARTICLE
356
National and State Emergencies in India with Historical
Examples
ARTICLE 352: NATIONAL
EMERGENCY
Article 352 of the Indian Constitution allows the President to declare a
National Emergency when India or any part of it is threatened by war,
external aggression, or armed rebellion. During such an emergency, the
central government gains wide-reaching powers, and the federal structure
is significantly weakened. The Union can legislate on subjects in the state
list, and fundamental rights, especially those under Articles 19 and 21, can
be suspended. National Emergency has been declared three times: during
the Sino-Indian War in 1962, the Indo-Pakistani War in 1971, and the
internal disturbance emergency in 1975.
HISTORICAL EXAMPLE: 1975
NATIONAL EMERGENCY
The most controversial use of Article 352 was the National Emergency
declared in 1975 by Prime Minister Indira Gandhi, citing 'internal
disturbance.' This emergency lasted from 1975 to 1977 and is often
considered a dark period in Indian democracy. During this time, civil
liberties were curtailed, political opponents were imprisoned without trial,
and the press was heavily censored. The government carried out unpopular
policies, such as forced sterilizations. The emergency ended in 1977 after
the government was voted out, and it marked a turning point in Indian
political history.
ARTICLE 356: STATE
EMERGENCY (PRESIDENT’S
RULE)
Article 356 allows the President of India to impose President’s Rule in a
state if its government is unable to function according to constitutional
provisions. When invoked, the state's legislative assembly is either
dissolved or kept in suspension, and the central government takes direct
control of the state's administration. While it was intended as a safeguard
for constitutional governance, it has often been misused for political
reasons. The Supreme Court's Bommai Judgment of 1994 set stricter limits
on its use, making its imposition subject to judicial review.
HISTORICAL EXAMPLE: 1959
KERALA PRESIDENT’S RULE
The first notable misuse of Article 356 occurred in 1959 in Kerala. The
elected Communist government, led by E. M. S. Namboodiripad, was
dismissed by the central government under Prime Minister Jawaharlal
Nehru. This was done following widespread protests led by opposition
parties and certain religious groups. Despite being a constitutionally
elected government, it was dismissed under political pressure, setting a
precedent for the future misuse of President’s Rule for political gain rather
than genuine governance crises.
CONCLUSION
• Both Article 352 and Article 356 have far-reaching implications on India’s
democracy.
• National Emergency affects the entire country, curtailing civil liberties.
• President’s Rule disrupts the federal balance, often misused for political
ends.
• Judicial safeguards, like the Bommai Judgment, help prevent further
misuse.
