Question

Emergency proclamation under article 352 is issued in case of __________________.
A.War
B.External aggression
C.Armed rebellion
D.All of the above.

Answer 1

Hint: The abnormal powers of the President are contained in Part XVIII of the Indian Constitution titled as Emergency Provisions. The Constitution stipulates three types of Emergencies which are contained in Articles 352, 356 and 360.

Complete Step by Step answer:
Article 352 empowers the President to declare a national emergency if he is satisfied that a serious situation has arisen or is likely to arise, threatening the security of the country by war, external aggression or armed rebellion within the country. The satisfaction of the President depends on the advice of the Council of Ministers. Such a proclamation is subject to the control of the Parliament. A proclamation of National Emergency has to be led before the Parliament and unless approved by it, shall cease to have effect after the expiry of one month. This means that a proclamation of National emergency can remain in force for a period of one month. But its extension has to be approved by the President.

If the Lok Sabha stands dissolved then the power of giving approval lies with the Rajya Sabha. However, such an extension given by the Rajya Sabha will cease to operate 30 days after the commencement of the first session of the new Lok Sabha unless approved by it. After it has been approved by the Parliament, it continues to operate unless revoked by the President.The 44th Constitutional Amendment Act of 1978 has made a number of important changes with regard to the provision of National emergency. It has substituted the phrase ‘internal disturbances’ with ‘armed rebellion’ and has reduced the period of two months by one month whereby the declaration can remain in force without the approval of the Parliament.

Thus, the correct answer is option (D).

Note: The 42nd Amendment of 1976 of the Constitution empowered the President to impose such an emergency in India or any part of India, or to vary or to revoke it.