- Statement 1 is correct: Article 352 of the Constitution provides for a National Emergency when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion (originally 'internal disturbance', changed by the 44th Amendment Act). - Statement 2 is correct: During a National Emergency, the executive power of the Union extends to giving directions to any State as to the manner in which its executive power is to be exercised (Article 353(a)). - Statement 3 is correct: A proclamation of National Emergency does not suspend the State Legislature. State Legislatures continue to function normally, although Parliament acquires concurrent power to make laws on subjects in the State List (Article 250). - Statement 4 is incorrect: While parliamentary approval makes the Proclamation continue for six months at a time (from the date of approval or subsequent approval), the initial Proclamation is valid for one month without parliamentary approval. The statement says it "can continue... only if approved", which is not entirely accurate for the initial month. More importantly, it can be extended repeatedly for periods of six months after initial approval, implying continuation beyond the first six months is possible with repeated approvals. The phrasing "maximum period of six months at a time only if approved" refers to the duration granted by each approval, but the statement might be interpreted in ways that make it less precise than 1, 2, and 3. Given that 1, 2, and 3 are clearly correct and form an option, it's most likely intended that 4 is not correct or less accurate in comparison.
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.
Asked in UPSC CAPF 2023 · Topic: Emergency Provisions (Effects of National Emergency on Centre-State Relations (Legislative, Executive, Financial))
More Indian Polity and Governance questions
- Which of the following will be the correct consequences of declaration of National Emergency by the President ? A. The President can modify the constitutional distribution of finances between the Center and the States. B. The Center becomes entitled to give executive directions to a State on any matter. C. The President can suspend all the Fundamental Rights of the citizens.
- Ques #: 80 Parliament can make a law on an item of state list during the period of emergency under the following Article:
- During national emergency, the Prisident can suspend the judicial enforcement of the Fundamental Rights except the two Artioles which are
- When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except
- The Fundamental Rights guaranteed in the Constitution of India can be suspended only by
- Which among the following Fundamental Rights is not suspended when an Emergency is declared ?
- The Right to Freedom under Article 19 of the Constitution of India may be suspended by the President of India ?
- Under which article of the Constitution can the right to freedom given in Article 19 of the Constitution be suspended by the President of India?
