Question

Consider the following statements about the Parliamentary approval of a National Emergency:

1. The proclamation must be approved by both Houses of Parliament within one month.

2. If approved, the emergency continues for one year and can be extended indefinitely with approval every year.

3. The resolution for approval must be passed by a special majority in both Houses.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

Answer:

C. 1 and 3 only

Parliamentary Approval of a National Emergency in India

• The provisions concerning National Emergency are enshrined in Article 352 of the Indian Constitution. This Article allows the President to declare a National Emergency based on grounds of war, external aggression, or armed rebellion.

• It is crucial for competitive exams to understand the strict parliamentary control over such a proclamation, especially after significant amendments.

Analysis of Statements:

• Statement 1: The proclamation must be approved by both Houses of Parliament within one month.

  • This statement is correct.

  • Initially, before the 44th Constitutional Amendment Act of 1978, the period for parliamentary approval was two months.

  • The 44th Amendment Act of 1978, enacted after the experience of the 1975 Emergency, reduced this approval period to one month. This change was introduced to ensure swifter parliamentary scrutiny and prevent potential misuse by the Executive.

• Statement 2: If approved, the emergency continues for one year and can be extended indefinitely with approval every year.

  • This statement is incorrect.

  • Once approved by both Houses of Parliament, a proclamation of National Emergency remains in force for six months.

  • For its continuance beyond six months, it requires fresh approval by both Houses of Parliament every six months. There is no provision for a one-year automatic continuation or annual approval for extension. This bi-annual approval mechanism ensures continuous parliamentary oversight.

• Statement 3: The resolution for approval must be passed by a special majority in both Houses.

  • This statement is correct.

  • Prior to the 44th Amendment Act of 1978, a simple majority of Parliament was sufficient for the approval and continuance of a National Emergency.

  • The 44th Amendment Act of 1978 mandated that the resolution for the approval (and continuance) of a National Emergency must be passed by a special majority of each House of Parliament.

  • A special majority means: (a) a majority of the total membership of that House, AND (b) a majority of not less than two-thirds of the members of that House present and voting. This provision significantly strengthens parliamentary control and makes it more difficult to impose or continue an emergency without broad consensus.

Additional Important Facts for Competitive Exams:

• The term 'internal disturbance' was replaced by 'armed rebellion' as a ground for National Emergency by the 44th Amendment Act of 1978.

• A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation of revocation does not require parliamentary approval.

• The Lok Sabha has the power to disapprove the continuance of a National Emergency. If not less than one-tenth of the total members of the Lok Sabha give a written notice to the Speaker (or the President, if the House is not in session), a special sitting of the House must be held within 14 days to consider a resolution for disapproval. Such a resolution requires only a simple majority.

• The 38th Constitutional Amendment Act of 1975 made the President's satisfaction in proclaiming an emergency final and conclusive, beyond judicial review. However, the 44th Amendment Act of 1978 reversed this, making the satisfaction of the President subject to judicial review (as upheld in the Minerva Mills case, 1980).

• During a National Emergency, the Centre's executive power extends to giving directions to any state regarding the manner in which its executive power is to be exercised. Parliament acquires the power to make laws on subjects enumerated in the State List.

• Fundamental Rights under Articles 20 and 21 (Protection in respect of conviction for offences and Protection of life and personal liberty, respectively) cannot be suspended during a National Emergency (44th Amendment Act, 1978).

• A National Emergency has been proclaimed three times in India: in 1962 (Sino-Indian War), 1971 (Indo-Pak War), and 1975 (Internal Disturbance). The 1975 emergency was the most controversial.