Answer:

The provision of National Emergency was inserted in the constitution to enable the Central government to meet any abnormal situation effectively and to safeguard the sovereignty, unity, integrity and security of the country.

Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion after receiving a written recommendation from the cabinet. It can also be declared pre- emptively (in case of imminent danger). It has been proclaimed only three times so far

—in 1962, 1971 and 1975.

Effect of National Emergency on Centre-State Relations – It converts the federal structure into a unitary one without a formal amendment of the Constitution. Specifically, consider the effect on:

♤ Executive – The Centre becomes entitled to give executive directions to a state on ‘any’ matter unlike in normal times where executive directions can only be on certain specified matters. Thus, the state governments are brought under the complete control of the Centre, though they are not suspended.

♤ Legislative – The Parliament is empowered to make laws on any subject in the State List. Although the legislative power of a state legislature is not suspended, it becomes subservient to the Parliament. The President can also issue ordinances on the state subjects, if Parliament is not in session.

♤ Financial - The President is empowered to modify the constitutional distribution of revenues between the centre and the states. Hence, the President can either reduce or cancel the transfer of finances from Centre to the states.

Effect of National Emergency on Fundamental Rights – It allows the Centre to curtail or suspend freedom of the citizens, as is detailed below:

♤ Under Article 358, the six Fundamental Rights under Article 19 are automatically suspended, requiring no separate order.

♤ Under Article 359, the remaining Fundamental Rights (except Article 20 and 21) can be suspended only through a specific order of the President. These rights are not suspended, but only the right to seek remedy or their enforcement is suspended.

The state can make any law or take action that takes away the rights under Article 19 or other specified right under Article 359. Any such law or executive action cannot be challenged on the ground of inconsistency. Further, the legislative and executive actions during the emergency cannot be challenged even after the emergency ceases to operate.

When the National Emergency ceases to operate, Article 19 is automatically revived. Any law made during Emergency, to the extent of inconsistency, ceases to have effect.

The proclamation of emergency is a serious matter as it disturbs the normal fabric of the Constitution and curtails the rights of the states (federal structure) as well people (fundamental rights) and hence, must be used sparingly.