Question

Consider the statements regarding the proclamation of Emergency under Article 352:

A. It automatically comes to an end on the expiry of one month from its issue, unless it is approved by a resolution of the Lok Sabha before the expiry of that period.

B. The President is empowered to proclaim an emergency only if the Council of Ministers recommends to him in writing that such a proclamation should be issued.

1. Statement 'A' is correct
2. Statement 'B' is correct
3. Both the statements are correct
4. Both the statements are false

Answer 1

Correct Answer - Option 3 : Both the statements are correct

The correct answer is Both the statements are correct.

• Article 352 in The Constitution Of India:
• If the President is satisfied that the security of India or of any part of the territory is threatened by
  • War or external aggression or armed rebellion.
  • In the above cases, ​he may declare an emergency on the written request of cabinet ministers. (44th constitutional amendment)
• Such a proclamation must be placed before each house of the parliament.
• It must be approved within one month of the declaration of the proclamation otherwise it will get expire.
• The Proclamation will remain in operation for 6 months after it has been approved by the Parliament.
• The duration of an emergency can be extended to 6 months at a time but it cannot remain in action for more than 3 years.

 

• Such a state emergency under article 352 declared in India three times till now:
  • 1962 war (China war)
  • 1971 war (Pakistan war)
  • 1975 internal disturbance (declared by Indira Gandhi)