
Every proclamation issued under Article 352 shall be ________________.
A. laid before each House of the Parliament
B. laid before the Lok Sabha
C. decided by the Prime Minister and conveyed to the President
D. All of the above
Answer
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Hint: Article 352, Part XVIII of the Indian Constitution explains the provisions of emergency. These provisions enabled the government to meet any emergency effectively.
Complete Step by Step Answer: The President can declare a national emergency when the security of India is at risk or a part of it is threatened by war or external aggression or any armed rebellion.
The President has the authority to declare a national emergency even before the actual occurrence of any armed rebellion or war or external aggression. When an emergency is declared based on 'armed rebellion' it is known as 'Internal Emergency' and when a national emergency is declared on the grounds of 'external aggression' or 'war' it is known as 'External Emergency'.
The proclamation of emergency within a month needs to be approved by both the houses of the parliament from the date of its issue. The Emergency continues for six months after being approved by both the Houses of Parliament and can be extended to an indefinite period, for every six months with the approval of the Parliament.
Let's examine the options:
Option A - Even though the proclamation of emergency is laid before each House of the Parliament, it is first issued by the President itself on the advice of the Prime Minister.
Option B - Yes, the proclamation issued is laid before the Lok Sabha only after it has been decided and declared by the President.
Option C - The proclamation of emergency is declared by the President on the advice of the Prime Minister. Thus the President has the authority to declare an Emergency after the proclamation has been approved by both the houses of the Parliament.
Option D - All the options are valid and are backed by the Indian Constitution.
Hence, the correct answer is option (D).
Note: The President can revoke a proclamation of Emergency at any time by a subsequent proclamation without any parliamentary approval. The other powers of the President are the executive, judiciary, legislative, military, diplomatic and financial powers.
Complete Step by Step Answer: The President can declare a national emergency when the security of India is at risk or a part of it is threatened by war or external aggression or any armed rebellion.
The President has the authority to declare a national emergency even before the actual occurrence of any armed rebellion or war or external aggression. When an emergency is declared based on 'armed rebellion' it is known as 'Internal Emergency' and when a national emergency is declared on the grounds of 'external aggression' or 'war' it is known as 'External Emergency'.
The proclamation of emergency within a month needs to be approved by both the houses of the parliament from the date of its issue. The Emergency continues for six months after being approved by both the Houses of Parliament and can be extended to an indefinite period, for every six months with the approval of the Parliament.
Let's examine the options:
Option A - Even though the proclamation of emergency is laid before each House of the Parliament, it is first issued by the President itself on the advice of the Prime Minister.
Option B - Yes, the proclamation issued is laid before the Lok Sabha only after it has been decided and declared by the President.
Option C - The proclamation of emergency is declared by the President on the advice of the Prime Minister. Thus the President has the authority to declare an Emergency after the proclamation has been approved by both the houses of the Parliament.
Option D - All the options are valid and are backed by the Indian Constitution.
Hence, the correct answer is option (D).
Note: The President can revoke a proclamation of Emergency at any time by a subsequent proclamation without any parliamentary approval. The other powers of the President are the executive, judiciary, legislative, military, diplomatic and financial powers.
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