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Q94 (CAPF/2023) Polity & Governance › Federalism & Emergency Provisions › Centre-state relations

Which of the following statements about National Emergency is/are correct? 1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external aggression or armed rebellion. 2. The Government of India acquires power to give directions to a State on any matter. 3. The Proclamation of Emergency does not suspend the State legislature. 4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of Parliament.

Result
Your answer: —  Â·  Correct: C
Explanation

Under Article 352, a Proclamation of Emergency is issued by the President when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion [1][4]. During such an emergency, the Union's executive power extends to giving directions to any State regarding the exercise of its executive power [2]. Crucially, unlike President's Rule under Article 356, a National Emergency does not suspend the State legislature or the State government; the Centre simply gains concurrent powers of legislation and administration [3]. Statement 4 is incorrect because while a Proclamation must be approved by both Houses of Parliament within one month, it can continue indefinitely through periodic parliamentary approval every six months. The question asks for correct statements, and since 1, 2, and 3 are accurate descriptions of the constitutional provisions, option 3 is the correct choice.

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > EMERGENCY PROVISIONS > p. 411
  2. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 173
  3. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 413
  4. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 416
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