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Consider the following statements
1. National emergency can be declared even if security of India is not in threat, but there is a case of
imminent danger.
2. The operation of the National emergency always applies to the whole of India Territory.
1. National emergency can be declared even if security of India is not in threat, but there is a case of
imminent danger.
2. The operation of the National emergency always applies to the whole of India Territory.
Which of the following above is/are true?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)None
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Consider the following statements1. National emergency can be declared...
Under Article 352, the President can
declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India
declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India
Most Upvoted Answer
Consider the following statements1. National emergency can be declared...
Statement 1: National emergency can be declared even if security of India is not in threat, but there is a case of imminent danger.
Explanation:
According to Article 352 of the Indian Constitution, the President of India can declare a national emergency if he/she is satisfied that the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. However, the term "imminent danger" is not mentioned in the article.
The provision for declaration of a national emergency is primarily aimed at addressing situations that pose a threat to the security and integrity of the nation. It is not solely dependent on the existence of an imminent danger but also takes into consideration the broader aspects of national security.
Therefore, statement 1 is incorrect.
Statement 2: The operation of the National emergency always applies to the whole of India Territory.
Explanation:
When a national emergency is declared under Article 352, it is applicable to the whole of India territory. The President's proclamation of emergency enables him/her to exercise special powers and suspend certain constitutional rights and provisions throughout the country.
During a national emergency, the central government gains the authority to take necessary measures to deal with the emergency situation. It can issue directions to the states and override state laws if necessary. The President may also assume the power to make laws on matters that fall within the jurisdiction of the state governments.
Therefore, statement 2 is correct.
Conclusion:
From the above analysis, it can be concluded that statement 1 is incorrect while statement 2 is correct. Thus, the correct answer is option 'A' - 1 only.
Explanation:
According to Article 352 of the Indian Constitution, the President of India can declare a national emergency if he/she is satisfied that the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. However, the term "imminent danger" is not mentioned in the article.
The provision for declaration of a national emergency is primarily aimed at addressing situations that pose a threat to the security and integrity of the nation. It is not solely dependent on the existence of an imminent danger but also takes into consideration the broader aspects of national security.
Therefore, statement 1 is incorrect.
Statement 2: The operation of the National emergency always applies to the whole of India Territory.
Explanation:
When a national emergency is declared under Article 352, it is applicable to the whole of India territory. The President's proclamation of emergency enables him/her to exercise special powers and suspend certain constitutional rights and provisions throughout the country.
During a national emergency, the central government gains the authority to take necessary measures to deal with the emergency situation. It can issue directions to the states and override state laws if necessary. The President may also assume the power to make laws on matters that fall within the jurisdiction of the state governments.
Therefore, statement 2 is correct.
Conclusion:
From the above analysis, it can be concluded that statement 1 is incorrect while statement 2 is correct. Thus, the correct answer is option 'A' - 1 only.
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Consider the following statements1. National emergency can be declared even if security of India is not in threat, but there is a case ofimminent danger.2. The operation of the National emergency always applies to the whole of India Territory.Which of the following above is/are true?a)1 onlyb)2 onlyc)Both 1 and 2d)NoneCorrect answer is option 'A'. Can you explain this answer?
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