Under what conditions can the 'National' Emergency be proclaimed by the President of India? What are the consequences when such a proclamation remains in force? When was it last imposed in the country?

Art 352 - allows President to proclaim National emergency on the aid of advice of council of ministers & written assent from the cabinet. Conditions of proclamation (1) Grounds → Armed rebellion or External aggression. Before 44th Amendment, internal disturbance was also a ground (2) Written assent of cabinet (3) Subject to judicial Review - Justiciable by 44th Amendment protected (4) Approved by Parliament - a Both houses within 1 month b If one house not in session, 30 days time for other house consideration c case to afforest & months from d can be extended by 6 month a time indefinitely

Consequences of proclamation (1) FR - can be non-frustrated - ie except A20 & A21, can be abrogated (also depends on whether Art 358 or A359 for abrogation) (2) centre-state relation - - Centre performs all powerful - can take over the functions of state - can dissolve state) (3) Other effects - - Judiciary - effectively running but power to approach court under A22 suffers - legislature - preserves powerful can legislate laws (eg 4and Amendment mid constitution - doing & emergency) Recently, the last time national Emergency was proclaimed in 1975 in effect till 1977.

— Rahul J Patil · AIR 224