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Q92 (CDS-II/2021) Polity & Governance › Federalism & Emergency Provisions › Centre-state relations Answer Verified

Which one of the following is not a circumstance for proclamation of Emergency by the President of India under Article 352 of the Constitution of India ?

Result
Your answer: —  Â·  Correct: C
Explanation

Under Article 352 of the Constitution of India, the President can proclaim a National Emergency only when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion [3]. Originally, the Constitution used the term 'internal disturbance' as a ground for emergency. However, this term was found to be too vague and was prone to misuse. Consequently, the 44th Amendment Act of 1978 substituted the words 'internal disturbance' with 'armed rebellion' [1]. Therefore, while war and external aggression (external emergency) and armed rebellion (internal emergency) remain valid grounds, 'internal disturbance' is no longer a constitutional circumstance for invoking Article 352 [5]. The President may issue such a proclamation even before the actual occurrence if an imminent danger is perceived [3].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > EMERGENCY PROVISIONS > p. 411
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 173
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 173
  4. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 416
  5. [5] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 180
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