Question

Which of the following statements is true in relation to the declaration of a national emergency under Article 352 of the Constitution of India? Select the correct answer using the codes given below:

1. It can be imposed when there is a grave threat to the security of India or any of its territory due to war, externa aggression or armed rebellion.
2. It will cease to operate after one month from the date of its issue unless it is approved in the meantime by the parliament.
3. For further continuance of emergency after six months, the resolution has to be passed by either house of parliament by a majority of not less than two-third members.
4. For further continuance of emergency after six months, the resolution has to be passed by either house of parliament by a simple majority.

• A. None of these
• B. i
• C. i, ii, iii
• D. ii

Answer 1

Answer:

C. i, ii, iii

National Emergency under Article 352 of the Constitution of India:

• Grounds for Declaration: A national emergency can be declared on grounds of war, external aggression, or armed rebellion that poses a grave threat to the security of India or any part thereof. The President can issue such a proclamation based on written advice from the Union Cabinet.
• Parliamentary Approval within One Month: A proclamation of national emergency must be laid before each House of Parliament. It ceases to operate at the expiration of one month from the date on which it was issued, unless resolutions approving its continuance are passed by both Houses of Parliament. This emphasizes the need for parliamentary oversight.
• Continuance beyond Six Months: For the emergency to continue beyond six months, a resolution approving its further continuance must be passed by both Houses of Parliament by a special majority. This special majority means a majority of the total membership of each House as well as a majority of not less than two-thirds of the members of that House present and voting.
• Revocation: The President can revoke a proclamation of national emergency at any time by a subsequent proclamation. This revocation does not require parliamentary approval.
• Provisions Introduced by the 44th Amendment Act, 1978: The 44th Amendment significantly strengthened parliamentary control over national emergency provisions. It replaced the term 'internal disturbance' with 'armed rebellion' to prevent misuse, required the President to act only on the advice of the Cabinet in writing, and mandated parliamentary approval within one month (earlier it was two months). It also introduced the special majority requirement for continuance beyond six months and the provision for the President to revoke the emergency.
• Scope of Judicial Review: While the grounds for declaring an emergency are largely non-justiciable, the mala fide exercise of power and the procedural aspects are subject to judicial review, as established in cases like Minerva Mills Ltd. v. Union of India.