National Emergency and Indira Gandhi's Role:
- Article 352 allows the President to declare a national emergency when India's security is threatened by war, external aggression, or armed rebellion.
- In 1975, then-Prime Minister Indira Gandhi advised the President to proclaim a national emergency on the grounds of internal disturbance.
- This emergency was controversial because the decision was made without consulting the entire cabinet, and the declaration was seen as a misuse of power.
44th Amendment Act of 1978:
- The 44th Amendment Act of 1978 made significant changes to prevent the misuse of emergency powers.
- It replaced the phrase "internal disturbance" with "armed rebellion" as grounds for declaring a national emergency, ensuring a stricter standard.
- The amendment required the President to declare an emergency only with a written recommendation from the Cabinet.
- It removed the immunity from judicial review that the 38th Amendment Act of 1975 had provided for emergency declarations.
- Now, the proclamation of a national emergency can be challenged in court if it is found to be based on irrelevant or extraneous facts.
Previous Declarations of National Emergency:
- 1962: The first national emergency was declared due to Chinese aggression in the NEFA region (now Arunachal Pradesh).
- 1971: The second emergency was declared during the war with Pakistan.
- 1975: The third emergency was declared on the grounds of internal disturbance, which turned out to be controversial.
Shah Commission:
- The Janta Party, which came to power in 1977 after the emergency, appointed the Shah Commission to investigate the circumstances that led to the declaration of the 1975 emergency.
- The commission found no justification for the declaration, which led to the enactment of the 44th Amendment Act to curb the misuse of emergency provisions.