Who among the following has power to declare National Emergency ?

The correct answer is President.

Key Points

• The power to declare a National Emergency under Article 352 of the Constitution of India is vested in the President of India.
• A National Emergency can be declared on grounds of war, external aggression, or armed rebellion.
• The declaration must be based on a written recommendation by the Union Cabinet, headed by the Prime Minister.
• While the President declares the Emergency, it must be approved by both Houses of Parliament within one month.
• During a National Emergency, certain fundamental rights under Part III of the Constitution, such as Article 19, may be suspended.

Additional Information

• Types of Emergencies in India:
  • National Emergency (Article 352): Declared on grounds of war, external aggression, or armed rebellion.
  • State Emergency (Article 356): Declared when the constitutional machinery in a state fails.
  • Financial Emergency (Article 360): Declared due to threats to the financial stability of India.
• Impact of National Emergency:
  • The executive power of the Union extends to directing states on legislative matters.
  • Parliament can make laws on subjects in the State List during this period.
  • Fundamental rights such as Article 19 (freedom of speech, assembly, etc.) may be restricted.
• Historical Instances:
  • India has declared National Emergency three times: in 1962 (China war), 1971 (Pakistan war), and 1975 (internal disturbances).
  • The 1975 Emergency, declared by then Prime Minister Indira Gandhi, remains controversial for its impact on civil liberties.
• Role of Judiciary:
  • The Supreme Court has the authority to review the legality of the Emergency declaration.
  • In the landmark Minerva Mills case (1980), the Court emphasized the importance of constitutional balance during Emergency periods.