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ASSERTION (A): The President of India can issue a proclamation of emergency under Article 356 of the Constitution on the advice of the Prime Minister. REASON (R): Where a proclamation of emergency is in operation, the President may suspend the operation of all fundamental rights except Articles 20 & 21 of the Constitution.

ASSERTION (A): The President of India can issue a proclamation of emergency under Article 356 of the Constitution on the advice of the Prime Minister. REASON (R): Where a proclamation of emergency is in operation, the President may suspend the operation of all fundamental rights except Articles 20 & 21 of the Constitution. Correct Answer A is false but R is true

The correct answer is A is false but R is true.

Key Points

  • Part 18th of the Indian Constitution contains Articles on Emergency Provisions. The President of India has the right to impose these provisions.
  • It envisages the following three emergencies under Articles 352-360:
    • General Emergency (National emergency)
    • Break-down of constitutional machinery in the states (State emergency)
    • Financial Emergency
  • Article 352(1): The President of India can issue a proclamation of emergency under Article 352(1) of the Constitution on the advice of the Council of Ministers. Hence, the assertion is incorrect.
  • This power can only be exercised on the recommendation of the Prime Minister and his/her council of ministers.
  • The President may suspend the operation of all fundamental rights except Articles 20 & 21 of the Constitution, where a proclamation of emergency is in operation. Hence, the reason is correct.
  • As we see the REASON is the effect of the ASSERTION and hence it is not the correct explanation for the assertion.

Additional Information

  • Powers of the President of India:
  • As the Head of the Executive, the President is conferred with a wide variety of powers that are provided to him by the Constitution.
  • The powers of the President can be classified into several categories:
    • Executive Powers:
      • As the Executive Head of the State, the President enjoys many executive powers.
      • All the actions and decisions of the Government are taken in the name of the President.
      • He appoints the attorney general of India and determines his remuneration.
      • He appoints the following people:
        • Comptroller and Auditor General of India (CAG)
        • Chief Election Commissioner and other Election Commissioners
        • Chairman and members of the Union Public Service Commission
        • State Governors
        • Finance Commission of India chairman and members
    • Legislative Powers of President:
      • He summons or prorogues Parliament and dissolves the Lok Sabha.
      • He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock.
      • He addresses the Indian Parliament at the commencement of the first session after every general election.
      • He appoints a speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant.
  • ​Head of the Armed Forces:
    • Under Article 53, the supreme command of the armed forces of the country is vested in the President.
    • Thus, the President has the power to declare war with any other country and also the power to conclude peace.
    • This is done under the regulation of Parliament.

Related Questions

Assertion (A): The President of India can issue a proclamation of emergency under Article 352(1) on the advice of the Prime Minister.
Reason (R): Where a proclamation of emergency is in operation the President may suspend the operation of all the fundamental rights except Articles 20 and 21.
Which of the following distinction(s) is/are not correct between public issue and rights issue? (A) In public issue, applications for shares are invited from the general public and in rights issue, the shares are offered to existing shareholders. (B) In public issue there is no question of any over-subscription and in rights issue the shares may be under subscribed or over subscribed leading to prorata allotment. (C) The price of public issue is generally less than the market price and in rights issue, the price is deliberately made less than the market price. (D) In a public issue, the communication of the issue is through prospectus or advertisements and in a rights issue the communication is between the company and the existing members of the company. Choose the most appropriate answer from the options given below:
Consider the 5 × 5 matrix \[{\text{A}} = \left[ {\begin{array}{*{20}{c}} 1&2&3&4&5 \\ 5&1&2&3&4 \\ 4&5&1&2&3 \\ 3&4&5&1&2 \\ 2&3&4&5&1 \end{array}} \right
An assertion and a reason are given below. Assertion: The phenomenon of nuclear fission generates great energy. Reason: The process in which a nucleus is broken into two parts is called nuclear fission. Choose the answer. A. Both Assertion and Reason are true and Reason is the correct explanation of Assertion. B. Both Assertion and Reason are true but Reason is not the correct explanation of Assertion. C. Both Assertion and Reason are false. D. Assertion is true but Reason is false.
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.
When the emergency under Article 352 of the Constitution is proclaimed, the President of India has a power to suspend the fundamental rights enshrined in Part III, however it is not possible to suspend the rights contained in which of the following Articles even during emergency
When emergency under Article 352 of the Constitution is proclaimed the President of India has the power to suspend the Fundamental Rights enshrined in Part III, however, it is not possible to suspend the rights contained in which of the following Articles even during emergency?
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:
Select from the alternatives that combination of numbers, which will form a meaningful word if given letters are arranged accordingly. \(\begin{matrix} \ \ \ \text{A} & \rm R & \rm W & \rm L & \rm E & \rm K \\\ \downarrow & \downarrow & \downarrow & \downarrow & \downarrow & \downarrow \\\ \ \ 1 & 2 & 3 & 4 & 5 & 6 \end{matrix}\)
Which of the following observations on fundamental rights was made by the Supreme Court in K. S. Puttaswamy v. Union of India?
1. There is no overlap between rights enumerated under Article 19 and Article 21 of the Constitution of India.
2. The constitutional values embodied under every Article of Part III of the Constitution of India animates the interpretation of the other.
3. Only Article 21 contains residue of fundamental rights that are not expressly stipulated under Article 19 of the Constitution of India.
Choose the correct option from below: