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:
National Emergency: Statement Verification
This section details the analysis of statements concerning India's National Emergency provisions, primarily based on Article 352 of the Constitution.
Statement 1: Proclamation Grounds
Statement 1 is correct. The President can declare a National Emergency only when faced with threats like war, external aggression, or armed rebellion, as stipulated in Article 352(1).
Statement 2: Union Directions to States
Statement 2 is correct. During a National Emergency, the Union Government is empowered to give directions to States regarding the exercise of their executive authority, as provided under Article 353(a).
Statement 3: State Legislature Status
Statement 3 is correct. A Proclamation of National Emergency does not suspend the State legislature. While Parliament can legislate on State List subjects, the legislature itself continues to function.
Statement 4: Duration and Approval Rules
Statement 4 is incorrect. A Proclamation must be approved by both Houses of Parliament within one month. Once approved, it remains valid for six months. Further continuation requires fresh approval from both Houses every six months. The statement overlooks the initial one-month approval deadline and the precise conditions for continuation, making it inaccurate.
Final Conclusion on National Emergency
Based on the detailed analysis, statements 1, 2, and 3 are factually correct according to the constitutional provisions governing National Emergency.
Therefore, the correct set of statements is 1, 2, and 3.
Important Questions from Emergency Provisions
Consider the following statements :
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.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.
Which of the statements given above is correct?- 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.
