🚨 National Emergency: Understanding Article 352 of the Indian Constitution | Complete Analysis скачать в хорошем качестве

🚨 National Emergency: Understanding Article 352 of the Indian Constitution | Complete Analysis

What happens when a nation is under emergency? In this video, we’ll dive deep into the concept of National Emergency under Article 352 of the Indian Constitution, covering its provisions, implications, historical instances, and key judicial interpretations. 📝 What is National Emergency? A National Emergency is declared when the security of India or any part of its territory is threatened by: ✅ War ✅ External Aggression ✅ Armed Rebellion (Earlier known as Internal Disturbance before the 44th Amendment) Legal Provision: Article 352 of the Indian Constitution empowers the President of India to declare a National Emergency based on the written advice of the Council of Ministers. 📌 Grounds for Proclamation: War: Direct military conflict with another country. External Aggression: Attack or threat of attack by foreign forces. Armed Rebellion: Large-scale internal violence or insurgency threatening national security. Example: The 1975 Emergency declared by Indira Gandhi was on grounds of internal disturbance. ⚖️ Effects of National Emergency: Executive Powers: Central Government gains overriding authority over states. Legislative Powers: Parliament can legislate on state subjects. Fundamental Rights: Article 19 (Freedom of Speech, Assembly, etc.) is automatically suspended. Other fundamental rights can be restricted (except Articles 20 and 21). Financial Effects: Distribution of financial resources between Centre and States is altered. Duration: Initially for 1 month; can be extended indefinitely with parliamentary approval every 6 months. Judicial Review: Subject to judicial scrutiny after the landmark case of Minerva Mills v. Union of India (1980). 📜 Historical Instances of National Emergency in India: 1962 – India-China War: Declared due to war with China. 1971 – India-Pakistan War: Declared due to war with Pakistan and creation of Bangladesh. 1975 – Internal Disturbance: Declared by Indira Gandhi due to political unrest, famously known as the "Darkest Period of Indian Democracy." 🏛️ Important Judicial Pronouncements: Golak Nath v. State of Punjab (1967): Fundamental rights cannot be abridged even under emergency. Kesavananda Bharati v. State of Kerala (1973): Laid down the Basic Structure Doctrine. Minerva Mills v. Union of India (1980): Limited the power of Parliament to amend the Constitution under emergency. 📅 44th Amendment Act, 1978 – Key Changes: ✅ Internal Disturbance was replaced with Armed Rebellion. ✅ President can declare emergency only on written recommendation of the Cabinet. ✅ **Parliamentary approval required within one month and needs renewal every six months. ✅ Judicial Review introduced for emergency proclamations. 🧠 Why Understand National Emergency? 🔍 Strengthens understanding of Constitutional Law. 🔍 Crucial for Judiciary Exams, APO Exams, and other legal services examinations. 🔍 Insightful for understanding the balance of power between Centre and States. 📢 Watch More Legal Topics on Legal Bees Academy! ✅ Subscribe Now:    / @legalbeesacademy   👍 Like | 💬 Comment | 🔄 Share with Aspirants of Judiciary, APO, and Legal Exams #NationalEmergency #Article352 #IndianConstitution #JudiciaryExam #LegalBeesAcademy #ConstitutionalLaw #EmergencyPowers #BPSCJudiciary #JudicialServicesExam #APOExam #LegalStudies #IndianPolity #MinervaMills #KesavanandaBharati #IndianLaw #LawExams #BiharJudiciary #LegalAwareness 🚀 Understand the Law. Empower Your Knowledge. Ace the Exam! 🌟