Question

Which of the following statement(s) is/are incorrect regarding the proclamation of National Emergency in India?

• A. A National Emergency may be applicable to the entire country or only a part of it.
• B. An Emergency can also be proclaimed due to failure of Constitutional machinery.
• C. The declaration of a National Emergency is immune from the judicial review.
• D. It is no longer possible to declare a National Emergency on the ground of ‘internal disturbance'.

Answer 1

Answer:

C. The declaration of a National Emergency is immune from the judicial review.

• As per the 38th Amendment Act of 1975, there was immunity from the judicial review in case of National Emergency.

• The provision of immunity was subsequently deleted by the 44th Amendment Act of 1978.