2.1. Grounds for National Emergency

The Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.

♤ Under Article 352, the President can declare a national emergency, when the security of India or a part of it is threatened by war, external aggression or armed rebellion.

o When a national emergency is declared on the

ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’

♤ The 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’.

o The term ‘internal disturbance’ was replaced because there was an opinion that this particular term had been misinterpreted, leading to political victimization of the states.

♤ It may be noted that the President can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.

o This provision has been provided for situations, wherein the executive may be able to pre-empt any imminent crisis.

♤ The President can also issue different proclamations on grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not there is a proclamation already issued by him and such proclamation is in operation.

o This provision was added by the 38th Amendment Act of 1975.