Question

Which article of Indian constitution is related with Proclamation of National Emergency?
1. 374
2. 352
3. 360
4. 354

Answer 1

Correct Answer - Option 2 : 352

The correct answer is 352.

• Article 352 says that if the president is satisfied that a grave emergency exists whereby the security of India or any part of the territory of India is threatened by war or external aggression or armed rebellion, he may proclaim an emergency.
• This emergency may be with respect to the whole or part of India.
• Article 352 puts certain conditions which are very important to understand:
  • The proclamation or formal declaration of emergency can be revoked by further proclamation.
  • The proclamation of a war emergency cannot be made by the president unless the Union cabinet gives him in writing that such a proclamation should be made.
  • If a proclamation is NOT revoked subsequently, it should be laid before the parliament.
  • Both houses of parliament must approve such proclamation within two months. If the parliament does not approve the proclamation, it will become ineffective.
  • It may be that at the time of the proclamation, the house of people has been dissolved or its dissolution takes place within the period of two months after the proclamation.
  • In these cases, the proclamation shall be laid before Rajya Sabha.
  • If Rajya Sabha passes it, it must be approved by Lok Sabha within 30 days of the new meeting of the Lok Sabha.
  • However, if Rajya Sabha itself does not pass the proclamation, the proclamation would cease to be valid.