Question map
The President of India can issue proclamation of Emergency
Explanation
Under Article 352 of the Indian Constitution, the President can only issue a Proclamation of Emergency when the decision of the Union Cabinet has been communicated to him in writing [1]. This safeguard was introduced by the 44th Amendment Act of 1978 to prevent the unilateral exercise of power by the Prime Minister, as seen during the 1975 Emergency. The 'Union Cabinet' specifically refers to the Council consisting of the Prime Minister and other Ministers of Cabinet rank [1]. While the President generally acts on the aid and advice of the Council of Ministers under Article 74, the specific requirement for a written communication from the Cabinet is a mandatory procedural prerequisite for a National Emergency [4]. This ensures collective responsibility and formal documentation of the decision before the President exercises these extraordinary powers.
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 412
- [4] Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > Legacy of the Janata Rule > p. 709