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An emergency under Article 352 of the Constitution of India can be declared only during:
- a)War, external aggression or internal disturbance.
- b)War, external aggression or armed rebellion.
- c)Failure of Constitutional Machinery in the State.
- d)Financial instability in the country.
Correct answer is option 'B'. Can you explain this answer?
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An emergency under Article 352 of the Constitution of India can be dec...
National emergency under article 352, emergency can be declared on the basis of external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indochina war), 1971 (Indo-Pakistan war), and 1975 (declared by Indira Gandhi).
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An emergency under Article 352 of the Constitution of India can be dec...
Emergency under Article 352 of the Constitution of India
Explanation:
The emergency provisions in the Constitution of India are outlined in Part XVIII, from Articles 352 to 360. Article 352 deals with the proclamation of emergency in case of "war, external aggression or armed rebellion." Let's understand the correct answer in detail:
1. War:
- The declaration of emergency can be made when there is a war going on between India and another country.
- This includes both declared wars and situations where there is an imminent threat of war.
2. External Aggression:
- The emergency can also be declared in case of external aggression against India.
- External aggression refers to any aggressive act or invasion by a foreign country or external forces that poses a threat to the sovereignty and integrity of India.
3. Armed Rebellion:
- The third condition for declaring an emergency is armed rebellion.
- Armed rebellion implies a situation where there is an armed uprising or revolt against the government by a group of individuals or an organization.
Comparison:
- Option 'A' mentions "internal disturbance" as a condition for emergency, which is not correct as per Article 352.
- Option 'C' mentions "failure of Constitutional Machinery in the State," which is covered under Article 356 (President's Rule), not Article 352.
- Option 'D' mentions "financial instability in the country," which is not a condition mentioned in Article 352.
Conclusion:
Considering the provisions of Article 352 of the Constitution of India, the correct answer is option 'B' – "War, external aggression, or armed rebellion." These are the three specific situations that can lead to the declaration of an emergency under Article 352.
Explanation:
The emergency provisions in the Constitution of India are outlined in Part XVIII, from Articles 352 to 360. Article 352 deals with the proclamation of emergency in case of "war, external aggression or armed rebellion." Let's understand the correct answer in detail:
1. War:
- The declaration of emergency can be made when there is a war going on between India and another country.
- This includes both declared wars and situations where there is an imminent threat of war.
2. External Aggression:
- The emergency can also be declared in case of external aggression against India.
- External aggression refers to any aggressive act or invasion by a foreign country or external forces that poses a threat to the sovereignty and integrity of India.
3. Armed Rebellion:
- The third condition for declaring an emergency is armed rebellion.
- Armed rebellion implies a situation where there is an armed uprising or revolt against the government by a group of individuals or an organization.
Comparison:
- Option 'A' mentions "internal disturbance" as a condition for emergency, which is not correct as per Article 352.
- Option 'C' mentions "failure of Constitutional Machinery in the State," which is covered under Article 356 (President's Rule), not Article 352.
- Option 'D' mentions "financial instability in the country," which is not a condition mentioned in Article 352.
Conclusion:
Considering the provisions of Article 352 of the Constitution of India, the correct answer is option 'B' – "War, external aggression, or armed rebellion." These are the three specific situations that can lead to the declaration of an emergency under Article 352.
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