Page 43 - Banking Finance May 2020

ARTICLE

(a) to the Speaker, if the House is in session; or

(b) to the President, if the House is not in session, a
special sitting of the House shall be held within 14
days from the date on which such notice is received
by the Speaker, or, as the case may be, by the
President, for the purpose of considering such
resolution.
(9) The power conferred on the president by this article
shall issue power to issue different proclamation on
different grounds, being war or external aggression or
armed rebellion or immitent danger of war or external
aggression or armed rebellion, whether or not there is
a proclamation already issued by president under
clause(1), and such proclamation is in operation.

National Emergency Under Article 352
Proclamation has been passed by the Council of States
but no resolution with respect to the continuance in During a national emergency, many Fundamental Rights of
Indian citizens can be suspended. The six freedoms under
force of such Proclamation has been passed by the
House of the People during the said period, the Right to Freedom are automatically suspended. By contrast,
Proclamation shall cease to operate at the expiration the Right to Life and Personal Liberty cannot be suspended
according to the original Constitution.
of thirty days from the date on which the House of the
People first sits after its reconstitution unless before the
expiration of the said period of thirty days, a resolution In January 1977, during the emergency declared
controversially by Indira Gandhi, the government decided
approving the continuance in force of the Proclamation
has been also passed by the House of the People. to suspend even the Right to Life and Personal Liberty by
dispensing with Habeas corpus. Justice Hans Raj Khanna
(6) For the purposes of clauses (4) and (5), a resolution may
defended the Right to Life and asked: "Life is also mentioned
be passed by either House of Parliament only by a
in Article 21 and would Government argument extend to it
majority of the total membership of that House and by also?". The Attorney General observed: "Even if life was
a majority of not less than two-thirds of the Members
taken away illegally, courts are helpless".
of that House present and voting.
(7) Notwithstanding anything contained in the foregoing A national emergency modifies the federal system of
clauses, the President shall revoke a Proclamation issued government to a unitary one by granting Parliament the
under clause (1) or a Proclamation varying such power to make laws on the 66 subjects of the State List
Proclamation if the House of the People passes a (which contains subjects on which the state governments
resolution disapproving, or, as the case may be, can make laws). Also, all state money bills are referred to
disapproving the continuance in force of, such the Parliament for its approval. During an emergency, the
Proclamation. term of the Lok Sabha can be successively extended by
intervals of up to one year, but not beyond six months after
(8) Where a notice in writing signed by not less than one-
the state of emergency has been revoked.
tenth of the total number of members of the House of
the People has been given, of their intention to move a Few more facts-
resolution for disapproving, or, as the case may be, for
1. Article 352(2): A proclamation issued Article 352(1) can
disapproving the continuance in force of, a Proclamation
be revoked by a subsequent proclamation.
issued under clause (1) or a Proclamation varying such
Proclamation,- 2. 44th Amendment introduced A. 352(3) wherein it

BANKING FINANCE | MAY | 2020 | 43