Change set
Pick exam & year, then Go.
Question map
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.
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.