According to Article 352 of the Constitution, as amended by the 44th Amendment Act, 1978, the President can declare a National Emergency only upon the written recommendation of the Union Cabinet. This change was introduced to prevent the misuse of emergency powers based solely on the advice of the Prime Minister, as happened in 1975.
Under whose advice can the President of India declare Emergency under Article 352 ?
Asked in MPPSC CS Prelims 2024 · Topic: Emergency Provisions (Role of the President, Council of Ministers, and Parliament during Emergency)
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