Which of the following statement is correct with regard to Proclamatio...
Resolution approving the proclamation of emergency is to be passed by either house of parliament by a special majority. Resolution disapproving the proclamation of emergency is to be passed by LS only with simple majority
View all questions of this test
Which of the following statement is correct with regard to Proclamatio...
The correct answer is option 'D': None of these.
Explanation:
The correct procedure for approving or disapproving the proclamation of emergency is not mentioned among the given options. Let's discuss the correct procedure in detail:
1. Proclamation of Emergency:
The President of India has the power to declare a state of emergency under certain circumstances. The proclamation of emergency can be made under three different provisions of the Constitution:
- Article 352: Emergency due to war or external aggression
- Article 356: President's rule in a state (constitutional breakdown)
- Article 360: Financial Emergency
2. Approval of the Proclamation:
After the President issues a proclamation of emergency, it needs to be approved by both houses of Parliament. The approval process is different for each type of emergency:
a) Emergency under Article 352 (War or External Aggression):
- The proclamation must be approved by both houses of Parliament within one month.
- The approval requires a special majority, which means a majority of the total membership of each house and a majority of not less than two-thirds of the members present and voting.
b) Emergency under Article 356 (President's Rule in a State):
- The proclamation must be approved by both houses of Parliament within two months.
- The approval requires a simple majority, which means a majority of the members present and voting.
c) Emergency under Article 360 (Financial Emergency):
- The proclamation must be approved by both houses of Parliament within two months.
- The approval requires a simple majority, which means a majority of the members present and voting.
3. Disapproval of the Proclamation:
If either house of Parliament disapproves the proclamation within 30 days, it will cease to operate. In this case, the emergency will be revoked.
In conclusion, none of the given options accurately describes the correct procedure for approving or disapproving the proclamation of emergency. The correct answer is option 'D': None of these.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.