Question

A Proclamation of National Emergency must be approved by each House within how many months?

• A. 1
• B. 3
• C. 6
• D. 9

Answer 1

Answer:

A. 1

National Emergency

• A Proclamation of National Emergency made by the President under Article 352 of the Constitution requires parliamentary approval.

• This approval must be obtained from both Houses of Parliament (Lok Sabha and Rajya Sabha).

• The proclamation must be approved within a period of one month from the date of its issue.

• If the proclamation is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the one-month period without approving the proclamation, then the proclamation must be approved by the Rajya Sabha within that one month, and the approval of the Lok Sabha must be secured within thirty days from the date of its reassembly.

Key Constitutional Provisions:

• Article 352 of the Indian Constitution deals with the provisions related to the Proclamation of Emergency.

• Once approved, the National Emergency can remain in effect for an indefinite period, provided that resolutions for its continuance are passed by both Houses of Parliament every six months.

• The 44th Constitutional Amendment Act, 1978 significantly altered the provisions related to emergency, including the approval period. Prior to this amendment, the approval period was two months.

Parliamentary Approval Process:

• The approval requires a special majority in each House of Parliament.

• A special majority means a majority of the total membership of the House as well as a majority of not less than two-thirds of the members of that House present and voting.