Consider the following statements : 4. Among the various changes made by 42nd Amendment, one was that the duration of the legislatures in the country was extended from 5 to 7 years.
1. According to the Article 356, Government could declare a state of emergency on grounds of external threat only.
2. Once a emergency is proclaimed the federal distribution of powers remains practically suspended and all the powers are concentrated in the hands of the union government
3. The 42nd Amendment was also passed during the emergency.
Which of the statements given above is correct?
Identifying Correct Constitutional Statements
This solution analyzes the given statements about the Indian Constitution, focusing on Article 356, emergency provisions, and the 42nd Amendment to determine the correct ones.
Statement Analysis
- Statement 1: Incorrect. Article 356 pertains to the imposition of President's Rule in states due to the breakdown of constitutional machinery, not emergencies based on external threats. External threats are covered under Article 352.
- Statement 2: Correct. During a national emergency (under Article 352), the normal federal distribution of powers is significantly altered. Parliament gains the power to legislate on state subjects, leading to a concentration of legislative power with the Union government.
- Statement 3: Correct. The 42nd Amendment Act of 1976 was indeed passed while the internal emergency, proclaimed in 1975, was in effect.
- Statement 4: Incorrect. The 42nd Amendment extended the duration of the Lok Sabha and state legislative assemblies from 5 to 6 years, not 7 years. The term was later reverted to 5 years by the 44th Amendment Act.
Conclusion on Correct Statements
Based on the analysis, statements 2 and 3 are correct.
Therefore, the correct option is the one that includes only statements 2 and 3.
Important Questions from Emergency Provisions
Which of the following statements about National Emergency is/are correct?
1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external
aggression or armed rebellion.
2. The Government of India acquires power to give directions to a State on any matter.
3. The Proclamation of Emergency does not suspend the State legislature.
4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of
Parliament.
Select the correct answer using the code given below:- Under Article 355 of the Constitution of India, it is the duty of the Union to :
- Consider the following statements regarding the imposition of President's Rule (Article 356) in Haryana:
1. President's Rule has been imposed in Haryana exactly three times since its formation.
2. The first instance of President's Rule in Haryana occurred in 1967 following the fall of the Rao Birender Singh-led Samyukta Vidhayak Dal government. - Which amendment made written advice of Cabinet mandatory for Emergency declaration?
Assertion [A] : While a proclamation of emergency is in operation, a Parliament shall have power to make Laws with respect to any of the matters enumerated in the state list.
Reason [R] : Article 1 of the Indian Constitution describes India as a Union of States.
