Question

Consider the following statements:

1. The President can revoke the proclamation of National Emergency without Parliament’s approval.

2. During National Emergency, the executive power of the Centre can direct the states on any matter.

3. The laws made by Parliament on State List subjects during National Emergency remain valid even after six months of the Emergency ending.

Which of the statements is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

National Emergency in India (Article 352)

• The provision for National Emergency is enshrined in Part XVIII of the Indian Constitution, specifically under Article 352.

• A National Emergency can be proclaimed by the President on the grounds of war, external aggression, or armed rebellion (originally 'internal disturbance' before the 44th Amendment Act of 1978).

• The President can only issue a proclamation of National Emergency after receiving a written recommendation from the Union Cabinet.

Revocation of National Emergency

• A proclamation of National Emergency can be revoked by the President at any time through a subsequent proclamation.

• Crucially, the President's power to revoke an emergency does not require Parliament's approval. This makes the first statement correct.

• The 44th Amendment Act of 1978 introduced a significant safeguard: if the Lok Sabha passes a resolution by a simple majority disapproving the continuation of the emergency, the President *must* revoke it.

Impact on Executive Powers

• During a National Emergency, the Union's executive power extends to giving directions to any state on any matter.

• This means the Centre acquires complete control over the states' executive functions, although the state governments are not suspended. This confirms the second statement as correct.

• This provision highlights the unitary feature of the Indian federal system during an emergency, where the Centre gains paramount authority.

Impact on Legislative Powers and Laws

• When a National Emergency is in force, Parliament acquires the power to make laws on subjects enumerated in the State List.

• However, these laws do not become permanent. According to Article 250(2), any law made by Parliament on a State List subject during an emergency will cease to have effect upon the expiration of six months after the emergency has ceased to operate.

• Therefore, the third statement, which claims such laws remain valid even after six months of the Emergency ending, is incorrect.

• The 44th Amendment Act of 1978 further specifies that a proclamation of emergency must be approved by both Houses of Parliament by a special majority within one month of its issue.

• Once approved, the emergency continues for six months, and its continuation requires fresh parliamentary approval every six months.