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Consider the following statements about National emergency:
1. A revocation of emergency by President must be approved by the Parliament within one month.
2. The President must revoke a proclamation of emergency if the Parliament passes a resolution disapproving its continuation.
2. The President must revoke a proclamation of emergency if the Parliament passes a resolution disapproving its continuation.
Q. Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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Verified Answer
Consider the following statements about National emergency:1. A revoca...
A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval. Further, the President must revoke a proclamation if the Lok Sabha ( and not Parliament) passes a resolution disapproving its continuation.
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Consider the following statements about National emergency:1. A revoca...
Understanding National Emergency Provisions
In the context of a National Emergency in India, it’s essential to comprehend the legal framework governing its declaration and revocation.
Statement 1: Revocation Approval by Parliament
- When the President revokes a proclamation of emergency, there is no requirement for parliamentary approval within one month.
- The President can unilaterally decide to revoke the emergency without needing to get it ratified by Parliament.
Statement 2: Parliament Disapproval
- If Parliament passes a resolution disapproving the continuation of a National Emergency, the President is not mandated to revoke the proclamation immediately.
- The President can choose to continue the emergency despite such disapproval.
Conclusion
- Both statements presented in the question are incorrect.
- Therefore, the correct answer to the question is option D: Neither 1 nor 2.
Key Takeaways
- The President has the authority to declare and revoke a National Emergency without parliamentary consent.
- Parliament can express disapproval, but it does not compel the President to revoke the emergency.
This understanding is crucial for grasping the balance of power during emergencies as outlined in the Constitution of India.
In the context of a National Emergency in India, it’s essential to comprehend the legal framework governing its declaration and revocation.
Statement 1: Revocation Approval by Parliament
- When the President revokes a proclamation of emergency, there is no requirement for parliamentary approval within one month.
- The President can unilaterally decide to revoke the emergency without needing to get it ratified by Parliament.
Statement 2: Parliament Disapproval
- If Parliament passes a resolution disapproving the continuation of a National Emergency, the President is not mandated to revoke the proclamation immediately.
- The President can choose to continue the emergency despite such disapproval.
Conclusion
- Both statements presented in the question are incorrect.
- Therefore, the correct answer to the question is option D: Neither 1 nor 2.
Key Takeaways
- The President has the authority to declare and revoke a National Emergency without parliamentary consent.
- Parliament can express disapproval, but it does not compel the President to revoke the emergency.
This understanding is crucial for grasping the balance of power during emergencies as outlined in the Constitution of India.
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Consider the following statements about National emergency:1. A revoca...
D
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Consider the following statements about National emergency:1. A revocation of emergency by President must be approved by the Parliament within one month.2. The President must revoke a proclamation of emergency if the Parliament passes a resolution disapproving its continuation.Q. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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