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Q9 (CGS/2026) Polity & Governance › Federalism & Emergency Provisions

Which of the following statements with regard to Proclamation of Emergency are correct?

I. It cannot be in operation unless approved by the resolution of both the Houses of the Parliament within one month.
II. Proclamation is immune from judicial review.
III. Proclamation of Emergency may be made by the President of India at any time if the security of the country is threatened.
IV. The President of India can issue a Proclamation of Revocation any time if the Lok Sabha passes a resolution.

Select the answer using the code given below.

Result
Your answer: —  Â·  Correct: C

Explanation

Statement I is correct: According to the 44th Amendment Act (1978), a Proclamation of Emergency must be approved by both Houses of Parliament within one month from the date of its issue. Statement II is incorrect: The 44th Amendment removed the immunity provided by the 38th Amendment; the Supreme Court in the Minerva Mills case (1980) held that the proclamation can be challenged in court on grounds of malafide. Statement III is correct: Article 352 empowers the President to declare a National Emergency if the security of India is threatened by war, external aggression, or armed rebellion. Statement IV is correct: The President must revoke the emergency if the Lok Sabha passes a resolution disapproving its continuation by a simple majority (Article 352(7)). Thus, statements I, III, and IV are correct.

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SIMILAR QUESTIONS

IAS · 2007 · Q139 Relevance score: 4.04

Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India: 1. A Proclamation of financial emergency issued shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by the resolutions of both Houses of Parliament. 2. If any Proclamation of financial emergency is in operation, it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts. Which of the statements given above is/are correct?

IAS · 2006 · Q48 Relevance score: 3.44

Consider the following statements: I. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislature with respect to a matter in the State List. II. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha. Which of the statements given above is/are correct?

CAPF · 2023 · Q94 Relevance score: 3.28

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.

CDS-I · 2006 · Q33 Relevance score: 0.96

Consider the following statements 1. The President of India cannot return the Money Bi l l to the Lok Sabha for reconsideration . 2. During the period of National Emergency, the Pr esident of India can make ordinances even when Parliament is in session. Which of the statements given above is/ are correct ?

CDS-II · 2017 · Q107 Relevance score: 0.61

Which one of the following statements about emergency provisions under the Constitution of India is not correct?