Question

Consider the following statements about the National Emergency under Article 352.

(i) The proclamation of a National Emergency must be approved by both Houses of Parliament by a special majority.

(ii) The life of the Lok Sabha can be extended beyond its normal term by one year at a time during a National Emergency.

(iii) The 42nd Amendment Act of 1976 allowed the President to limit a National Emergency to a specific part of India.

• A. (i) and (ii) only
• B. (ii) and (iii) only
• C. (i) and (iii) only
• D. All of the above

Answer 1

Answer:

D. All of the above

National Emergency under Article 352

• A National Emergency can be proclaimed by the President of India under Article 352 of the Constitution. The grounds for proclamation are war, external aggression, or armed rebellion.

• The term 'armed rebellion' was added by the 44th Amendment Act of 1978, replacing 'internal disturbance' to prevent misuse, following the 1975 emergency.

• The President can proclaim a National Emergency only after receiving a written recommendation from the Union Cabinet. This provision was also added by the 44th Amendment Act of 1978 to curb potential dictatorial tendencies of the Prime Minister alone.

Parliamentary Approval and Duration

• A proclamation of National Emergency must be approved by both Houses of Parliament within one month from the date of its issue.

• Crucially, this approval requires a special majority of both Houses. A special majority means:

  • A majority of the total membership of that House.

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

• If approved, the emergency remains in force for six months. It can be extended for an indefinite period with repeated parliamentary approval every six months, each time by a special majority.

• The requirement of special majority for approval and continuation was introduced by the 44th Amendment Act of 1978. Prior to this, a simple majority was sufficient.

Effects on Lok Sabha

• During the operation of a National Emergency, the life of the Lok Sabha can be extended beyond its normal term of five years.

• Parliament can extend the term of the Lok Sabha by law for one year at a time, for any length of time.

• However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

• A notable instance is the 5th Lok Sabha (1971-1976), whose term was extended twice by one year each (in 1976 and 1977) during the 1975 National Emergency.

Territorial Extent of Proclamation

• The 42nd Amendment Act of 1976 empowered the President to limit the operation of a National Emergency to a specific part of India.

• Prior to this amendment, a proclamation of National Emergency had to cover the entire country.

• This provision was retained by the 44th Amendment Act of 1978, allowing for a more localised response to emergencies.