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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?

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? Correct Answer 1 only

The Correct Answer is Option 1 i.e 1 only.

Key Points

  • National Emergency:
    • Article 352 states that the President can proclaim 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, whether by war or external aggression or armed rebellion” only on the written recommendation of the cabinet.
    • Every such proclamation must be laid before the Parlaiment and it ceases to be in operation unless it is approved by the resolutions of both houses of the parliament with special majority within one month from the date of issue.
    • The proclamation of emergency under article 352 can be made in respect of whole of India or only a part thereof.
    • During an emergency under Article 352, the centre has no power to suspend the state government. Hence, Statement 2 is NOT correct.
    • Under emergency of Article 352, parliament can legislate in respect of state subjects only by itself.

Related Questions

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. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws of the whole or any part of territory of India with respect to any of the matters enumerated in the list
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
3. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-thirds majority
Which of these statements are correct?
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 is/are correct?
1. The Government of India has power to cede Indian territory in favour of a foreign country.
2. Any territory of India can be ceded in favour of the foreign country only if there is an agreement between the heads of the two States.
3. Indian territory can be ceded to a foreign country only in accordance with Article 368 of the Constitution of India.
4. The Indian territory can not be ceded to any foreign country.
Select the correct answer:
Why is it remarked that the “pocket of the Indian President is bigger than that of the American President” in reference to Pocket Vetro Power of the president? A. The power of the Indian President not to take any action (either positive or negative) on the bill for an indefinite period. B. The President of the USA has to return the bill for reconsideration within 10 days, as against 30 days for the Indian President. C. The President of the USA has to return the bill for reconsideration within 10 days, as against 20 days for the Indian President. D. The President of the USA can't return the bill for reconsideration if he kept it for more than 10 days, while that is not the case with the Indian President.
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 with reference to Article 18? (a) No title, not being a military or academic distinction, shall be conferred by the State. (b) The citizen of India shall accept any title from any foreign State. (c) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. (d) The person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.
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?