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Which of the following statement(s) is/are incorrect regarding the proclamation of National Emergency in India?

AA National Emergency may be applicable to the entire country or only a part of it.

BAn Emergency can also be proclaimed due to failure of Constitutional machinery.

CThe declaration of a National Emergency is immune from the judicial review.

DIt is no longer possible to declare a National Emergency on the ground of ‘internal disturbance'.

Answer:

C. The declaration of a National Emergency is immune from the judicial review.

Read Explanation:

  • As per the 38th Amendment Act of 1975, there was immunity from the judicial review in case of National Emergency.

  • The provision of immunity was subsequently deleted by the 44th Amendment Act of 1978.


Related Questions:

When was National Emergency declared for the first time in India?

Consider the following statements with reference to the Financial Emergency under Article 360:

  1. Unlike President's Rule, once a proclamation of Financial Emergency is approved by Parliament, it continues indefinitely without the need for repeated parliamentary approval.

  2. During a Financial Emergency, the President can direct the reduction of salaries and allowances of all persons serving the Union, including the judges of the Supreme Court and High Courts.

  3. India has declared a Financial Emergency on three separate occasions, primarily linked to global economic downturns.

Which of the statements given above is/are correct?

When President's Rule is imposed in a state, which of the following consequences occur?

  1. The President dismisses the state council of ministers headed by the chief minister.

  2. The President assumes the powers of the state's High Court and can suspend its constitutional provisions.

  3. The Parliament becomes empowered to legislate on subjects in the State List for that state.

Which of the statements given above is/are correct?

ആര്‍ട്ടിക്കിള്‍ 360 എന്തുമായി ബന്ധപ്പെട്ടിരിക്കുന്നു?
The President of India when National Emergency was proclaimed for the first time in India: