Question

Consider the following statements regarding the proclamation and approval of a National Emergency under Article 352.

1. After the 44th Amendment, the proclamation must be approved by Parliament within one month.

2. The approval by Parliament requires a special majority, defined as a two-thirds majority of the members present and voting.

Which of the statement(s) given above is/are correct?

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

A. 1 only

National Emergency under Article 352

• The provisions for a National Emergency in India are enshrined in Article 352 of the Indian Constitution. It can be proclaimed by the President on the grounds of war, external aggression, or armed rebellion.

• Originally, the term used was 'internal disturbance'. The 44th Constitutional Amendment Act of 1978 replaced 'internal disturbance' with 'armed rebellion' to prevent the misuse of emergency powers, as was perceived during the 1975 Emergency.

Approval of Proclamation:

• The proclamation of National Emergency issued by the President must be laid before both Houses of Parliament for approval.

• The 44th Amendment Act of 1978 significantly reduced the period for parliamentary approval. Before this amendment, the proclamation had to be approved by both Houses within two months. The amendment shortened this period to one month (30 days). This change was a crucial safeguard to ensure parliamentary oversight and prevent arbitrary executive action.

• If the Lok Sabha is dissolved at the time of the proclamation, or if its dissolution takes place within one month without approving the proclamation, the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has approved it in the meantime.

Majority Required for Approval:

• The resolution approving the proclamation of emergency (or its continuance) must be passed by both Houses of Parliament by a special majority.

• This special majority is defined as:

  1. A majority of the total membership of that House (i.e., more than 50% of the total strength of the House).

  2. A majority of not less than two-thirds of the members of that House present and voting.

• A simple majority (more than 50% of members present and voting) is not sufficient for the approval or continuance of a National Emergency. This high threshold ensures broad political consensus for such a drastic measure.

• If approved by both Houses, the emergency continues for six months. For its continuance beyond six months, fresh parliamentary approval by special majority is required repeatedly. There is no maximum limit on the period of emergency, provided parliamentary approval is obtained every six months.

Revocation of Proclamation:

• The President can revoke a proclamation of emergency at any time by a subsequent proclamation.

• The 44th Amendment Act also added a provision for parliamentary revocation: If the Lok Sabha passes a resolution disapproving the continuance of the emergency by a simple majority, the President must revoke the proclamation. This can be initiated if one-tenth or more 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)