Article 352 governs National Emergencies. Following lessons from the 1975–1977 Emergency, the 44th Constitutional Amendment (1978) introduced ironclad safeguards: an emergency can only be proclaimed on the written advice of the entire Union Cabinet (not the Prime Minister alone), the vague ground of 'internal disturbance' was replaced with 'armed rebellion', and the proclamation must be approved by a two-thirds special majority in both Houses of Parliament within one month.
Article 353 ('Effect of Proclamation of Emergency') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Article 354 ('Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Article 355 ('Duty of the Union to protect States against external aggression and internal disturbance') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Article 356 permits the President to dismiss a State Government and assume state executive powers upon a report from the Governor or otherwise, if governance cannot be carried on in accordance with the Constitution. Historically misused by ruling central parties to topple opposition state governments, the landmark 9-judge Supreme Court ruling in S.R. Bommai (1994) transformed Article 356 into a strictly regulated safety valve: the floor of the Assembly is the only place to test majority, and any arbitrary dismissal is subject to judicial review and restoration of the dissolved assembly.
Article 357 ('Exercise of legislative powers under Proclamation issued under article 356') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Article 358 ('Suspension of provisions of article 19 during emergencies') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Article 359 ('Suspension of the enforcement of the rights conferred by Part III during emergencies') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Article 360 ('Provisions as to financial emergency') in Part XVIII (Emergency Provisions, Articles 352–360) regulates extraordinary crisis powers—National Emergency (Arts 352–354), Union duty to protect States (Art 355), State constitutional breakdown / President's Rule (Arts 356–357), effect on Fundamental Rights (Arts 358–359), and Financial Emergency (Art 360). Crucially, after the 44th Amendment (1978), Articles 20 and 21 (Right to Life, Personal Liberty, and Fair Trial) can NEVER be suspended even during a National Emergency.
Public Domain & Statutory Authenticity Notice
Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.
