Article 352 — Proclamation of Emergency

(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, the President may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.

Provided that the President shall not issue such a Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing...

Source: Constitution of India, as published by the Ministry of Law and Justice.

The Emergency of 1975-77 proclaimed under Article 352 by Prime Minister Indira Gandhi on grounds of 'internal disturbance' is the most consequential invocation. Fundamental rights were suspended, press freedom was curtailed, political opponents were detained under MISA, and the 42nd Amendment expanded executive power significantly. After the Emergency ended and the Janata Party came to power, the 44th Amendment (1978) introduced major safeguards: the word 'armed rebellion' replaced 'internal disturbance' (narrowing the trigger), Cabinet approval in writing was required, Parliament must approve by a special majority within one month, and Parliament can revoke the proclamation by simple majority if Lok Sabha passes a resolution.

• 44th Amendment (1978) — Replaced 'internal disturbance' with 'armed rebellion'; required Cabinet approval in writing; required Parliamentary approval by two-thirds special majority; enabled Lok Sabha to revoke Emergency by simple majority.

• Article 353
• Article 354
• Article 355
• Article 356
• Article 358
• Article 359

Last reviewed: 1 July 2026