Proclamation of emergency under article 352, when Lok Sabha stands dissolved has to be approved by the Rajya Sabha.
Overview
In the constitution of India, there is the provision for the emergency based on the situation in the state and nation or the emergency of financial death.
As per the constitution, there must be approval from both the houses of the parliament and earlier the period was the two months before the enactment but, after the 44th amendment of the Constitution in 1978, the period was lessened down to one month.
If the Lok Sabha dissolved at the time of declaration of emergency then it should be approved by the newly reconstituted Lok Sabha and the period under which it must be signed is 30 days from the date of its first sitting. And in the meantime, the Rajya Sabha should also sign the approbation.
Article of Indian Constitution for emergency
Article 352 of the constitution has the provision of a national emergency and this emergency is used in the period of security threat to the country. And such an emergency can be made only after the approbation of the President of the country and the ministers can send his request for the emergency.
National emergencies in the Country have been imposed thrice and these are as follows.
- In 1962. The time was forced by the Chinese aggression.
- 1971, the emergency was imposed on the nation during the Indo-Pak war.
- 1975, the emergency of this year was imposed due to internal disturbances.
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