
In case of a proclamation of a National Emergency and if the Lok Sabha is dissolved, it is the Rajya Sabha which shoulders all the responsibilities of the Union Legislature.
(A) True
(B) False
Answer
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Hint : During a national emergency, some protocols are followed to maintain the law and order where the upper house plays a role too as there are two houses empowered to legislate the law,
Complete Step by Step Answer : Answer is True. In case of a proclamation of a National Emergency and if the Lok Sabha is dissolved, it is the Rajya Sabha which shoulders all the responsibilities of the Union Legislature. When a National Emergency is proclaimed, the period of Lok Sabha is extended to a period of one year beyond the normal term. This extends only till six months after the emergency ceases to exist. And if the Lok Sabha is dissolved then the Rajya Sabha, the upper house takes on all the responsibilities of the lower house until it is formed and functioning again.
Similarly if the upper house has declared an emergency then its time period is extended beyond its normal tenure by a year and sex months after emergency ends.
What is a National Emergency? It could be declared on the basis of war or internal disturbances or external aggression in the whole of India. This is covered under Article 352. Such kind of emergency can only be declared by the President on the basis of a written request by the cabinet which is headed by the Prime Minister. According to Article 352(6), approval of either house requires a majority of two thirds of voting in motion for the cause. It can be extended indefinitely if required.
Note : There are 69 emergencies declared between 1976 and 2020 after the enactment of National Emergencies Act in which 34 have expired and 35 currently in effect.
Complete Step by Step Answer : Answer is True. In case of a proclamation of a National Emergency and if the Lok Sabha is dissolved, it is the Rajya Sabha which shoulders all the responsibilities of the Union Legislature. When a National Emergency is proclaimed, the period of Lok Sabha is extended to a period of one year beyond the normal term. This extends only till six months after the emergency ceases to exist. And if the Lok Sabha is dissolved then the Rajya Sabha, the upper house takes on all the responsibilities of the lower house until it is formed and functioning again.
Similarly if the upper house has declared an emergency then its time period is extended beyond its normal tenure by a year and sex months after emergency ends.
What is a National Emergency? It could be declared on the basis of war or internal disturbances or external aggression in the whole of India. This is covered under Article 352. Such kind of emergency can only be declared by the President on the basis of a written request by the cabinet which is headed by the Prime Minister. According to Article 352(6), approval of either house requires a majority of two thirds of voting in motion for the cause. It can be extended indefinitely if required.
Note : There are 69 emergencies declared between 1976 and 2020 after the enactment of National Emergencies Act in which 34 have expired and 35 currently in effect.
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