Question

Which one of the following has not been provided by the 44^th Constitutional Amendment Act of 1978 relating to National Emergency?
1. A proclamation of National Emergency will not be issued by President unless there is a written recommendation of the Cabinet.
2. The expression 'internal disturbances' has been replaced by 'armed rebellion' 
3. The six fundamenetal rights under Article 19 can be suspended only when the National Emergency is declared on grounds of war or external aggression and not on grounds of armed rebellion.
4. The President must issue a proclamation of revocation any time if any House of Parliament passes a resolution disapproving of the continuance of the proclamation.

Answer 1

Correct Answer - Option 4 : The President must issue a proclamation of revocation any time if any House of Parliament passes a resolution disapproving of the continuance of the proclamation.

The correct answer is The President must proclaim revocation any time if any House of Parliament passes a resolution disapproving of the continuance of the proclamation.

• A proclamation of revocation of emergency can be done in the following ways:
  1. A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.
  2. President must proclaim revocation any time when the lower house (Lok Sabha) of Parliament passes a resolution disapproving of the continuance of the proclamation.

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Change made in the 44th Constitutional Amendment Act of 1978

• On Emergency Provisions:
  • Article 352 was amended with the following changes: The ground of “internal disturbance” was substituted by the ground of “armed rebellion”.
  • Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion.
  • Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.
  • A provision was included stating that the President shall not issue a Proclamation of Emergency unless the decision of the Union Cabinet for the proclamation of emergency is given to him in writing. 

• On Fundamental Rights:
  • The right to property was taken away from the category of fundamental rights and made a legal right.
  • Article 19(1)(f), which guarantees the citizens the right to acquire, hold and dispose of property and article 31 relating to compulsory acquisition of property have been omitted.
• On DPSPs:
  • A new directive principle has been inserted in article 38, which provides that the State shall secure a social order for the promotion of the welfare of the people.
• On Federalism:
  • Article 257A which was related to the power of the Central government to send its armed forces or other forces of the union to address a grave situation present in any state/UT was omitted.
• On Presidential Power:
  • Article 74(1) was amended to include a provision that the President may require the Council of Ministers to reconsider any advice tendered to him but the President has to act by the advice tendered after such reconsideration.
  • Earlier, the President has to act by the advice tendered by the Council of Ministers.
• On Parliament & Parliamentary Functioning:
  • Article 83 and Article 172 were amended to restore the terms of the House of the People and the State Assemblies to five years.
  • Earlier the 42nd CAA had extended the life of LokSabha and Rajya Sabha from 5 to 6 years.
• On Parliamentary Privileges:
  • Article 103 and Article 192 relating respectively to decisions on questions as to disqualification of members of Parliament and State Legislatures have been replaced to provide that the decision on the question as to disqualification, by the President in the case of a member of a State Legislature will be by the opinion of the Election Commission.
• On the Power of High Courts:
  • Article 226 was amended to restore to the High Court's power to issue writs for any other purpose besides the enforcement of fundamental rights.
  • Article 227 was amended to restore to the High Court's power of superintendence over all courts and tribunals within its territorial jurisdiction.
  • It omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister, and the Speaker of the Lok Sabha.  

NATIONAL EMERGENCY:

• A national emergency can be declared based on war, external aggression, or armed rebellion.
• The Constitution employs the expression ‘proclamation of emergency’ to denote this type of emergency.
• Grounds of declaration:
  • Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression, or armed rebellion.
  • The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression
  • When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’ Article 19 becomes non-enforceable in the court of law.  
  • The articles other than Article 20 and Article 21 can be suspended(non- enforceable) during a time of emergency by consent of the President.