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Consider the following statements regarding the National Emergency (Article 352): 1. President proclaims a national emergency even before receiving a written recommendation from the cabinet. 2. President can declare a national emergency only on the actual occurrence of war or external aggression. Which of the statements given above is/are correct?

Consider the following statements regarding the National Emergency (Article 352): 1. President proclaims a national emergency even before receiving a written recommendation from the cabinet. 2. President can declare a national emergency only on the actual occurrence of war or external aggression. Which of the statements given above is/are correct? Correct Answer Neither 1 nor 2

 The correct answer is Neither 1 nor 2.

Key Points

Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

  • It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger. Hence, statement 2 is incorrect.
  • The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. Hence, statement 1 is incorrect.
  • This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.
  • In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli.
  • The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

Related Questions

Which of the following statements is/are correct about National Emergency? 1. It can be imposed before the actual occurrence of war or any such aggression or rebellion if the President is satisfied that there is imminent danger thereof. 2. It is imposed four times. 3. President can only issue such a declaration after receiving a decision from Union Cabinet in writing. 4. Article 19 is automatically suspended when the National Emergency is imposed in case of the proclamation on the ground of war or external aggression.
Consider the following statements: 1. A proclamation of national emergency may be applicable to the entire country or only a part of it. 2. The President can proclaim a national emergency only after receiving a written recommendation from the cabinet. 3. National emergency can be declared even if the security of India is not a threat, but there is imminent danger. Which of the above statement is/are correct?
With reference to Article 352 National emergency which of the following statements are correct? (a) Under Article 352 the State Government continues to function, it cannot be dismissed. (b) The effect of Article 352 is that the centre gets concurrent power of legislation and administration in the state. (c) Under Article 352 the state assembly also continues to operate.
Consider the following statement regarding the proclamation of national emergency under Article 352 of the Constitution of India:
1. A proclamation of emergency once approved by Parliament shall remain in force for a period of six month.
2. The satisfaction of the President under Article 352, is the satisfaction of the Union Council of Ministers.
3. While the proclamation is in the operation, the normal life of the Lok Sabha cannot be extended.
4. The freedom given by the Article 19 of the Constitution can be suspended.
Which of the statements given above as correct?
Consider the following statements:
1. Emergency is always imposed throughout the nation.
2. Emergency can be imposed not only on the grounds of actual war, external aggression or armed rebellion, but also in anticipation thereof.
3. Every proclamation of Emergency will not remain in force after one month unless it is approved by both the House of Parliament
Which of the statements given above is/are correct?
Consider the following statements regarding National Emergency of the Indian Constitution? 1. President of India can proclaim a National emergency if he/she believes that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened. 2. During an emergency under Article 352, the centre has the power to suspend the state government. Which among the following above given statements is/are correct?
The President of India has power to declare emergency under Article 352 on which of the following grounds?
1. War
2. Internal disturbance
3. External aggression
4. Armed rebellions
Select the correct answer:
Which of the following statement/statements is/are not correct?
1. The declaration of National Emergency on the ground of 'Armed Rebellion' was inserted by the Constitutional (42 Amendment) Act, 1976.
2. President shall not issue a proclamation under Clause (1) Article 352 unless the decision of the Union Cabinet (the Prime Minister and his Council of Ministers) is communicated to him in writing.
3. A resolution approving the proclamation of National Emergency must be passed by special majority.
4. A proclamation of Emergency once approved by the Parliament shall remain in force until the emergency ceases.
Select the correct answers:
Under which of the following circumstances the President can declare emergency
1. External Aggression
2. Internal Aggression
3. Government instability
4. Financial crisis
Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer:
Assertion (A): Proclamation of emergency can be issued by the President of India if there is an imminent danger of war or external aggression or internal disturbance and armed rebellion.
Reason (R): The President of India can suspend the enforcement of some fundamental rights during the period of emergency.