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Category — GS Paper 2 ///Published — 2026-06-27 ///Exam — Both Prelims and Mains ///Tags — National Emergency, Article 352, 44th Amendment Act ///Category — GS Paper 2 ///Published — 2026-06-27 ///Exam — Both Prelims and Mains ///Tags — National Emergency, Article 352, 44th Amendment Act ///

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1975 Emergency Now in Class 9 NCERT: Key Constitutional Facts

NCERT has introduced the 1975 Emergency in its Class 9 textbook 'Understanding Society: India and Beyond'. The Emergency, imposed on 25th June 1975 on grounds of internal disturbance, remained in force until March 1977. This addition covers crucial constitutional provisions under Article 352, various amendment acts, and judicial review mechanisms related to National Emergency.

2026-06-27

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National Emergency: Constitutional Framework

Background

The 1975 Emergency represents one of the most significant periods in Indian constitutional history. It was imposed on 25th June 1975 on the grounds of internal disturbance and remained in force until March 1977, lasting approximately 21 months.

Constitutional Provisions under Article 352

Grounds for Proclamation:

External Emergency: War or External Aggression
Internal Emergency: Armed Rebellion (replaced 'internal disturbance' by 44th Amendment)

Key Amendments:

38th Amendment Act, 1975: Empowered President to issue multiple proclamations on grounds of war, external aggression, internal disturbance, or imminent danger thereof
44th Amendment Act, 1978: Replaced 'internal disturbance' with 'armed rebellion' to remove vagueness and make it more objective

Territorial Extent

National Emergency can extend to whole of India or only a part of it
42nd Amendment Act, 1976 enabled the President to limit the operation of NE to a specific part of India

Parliamentary Approval Requirements

Must be approved by both Houses within one month by special majority (originally two months)
If Lok Sabha is dissolved at declaration time, Rajya Sabha's approval remains valid
Reconstituted Lok Sabha must approve within 30 days of its first sitting

Duration

Continues for 6 months
Can be extended to indefinite period with Parliament's approval for every 6 months (44th Amendment Act, 1978)

Revocation Mechanism

Can be revoked anytime by President without Parliament's approval
Lok Sabha can pass resolution to disapprove continuation
If one-tenth of total members submit written notice to Speaker (if in session) or President (if not in session), a special sitting must be held within 14 days
Resolution must be passed by simple majority

Judicial Review

38th Amendment Act, 1975 made Emergency declaration immune to judicial review
44th Amendment Act, 1978 reversed this provision
Minerva Mills case, 1980: SC held that Proclamation of NE can be challenged if:
It is mala fide
Based on irrelevant or extraneous facts
Is absurd or perverse

Significance for UPSC Preparation

This topic is crucial for understanding the balance between fundamental rights and emergency powers in Indian democracy. The 1975 Emergency remains a landmark case study in constitutional governance.