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Consider the following statements with reference to a Financial Emergency:
1. The satisfaction of the President in declaring a Financial Emergency is final and not questionable in a court of law.
2. A resolution for its continuation beyond one year must be passed by either House of Parliament by a simple majority.
3. No Financial Emergency has been declared so far in India.
Which of the statements given above is/are correct?
  • a)
    1 and 2 only
  • b)
    3 only
  • c)
    2 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Consider the following statements with reference to a Financial Emerge...
1. Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
2. The 38th Amendment Act of 1975 made the satisfaction of the president in declaring a Financial Emergency final and conclusive and not questionable in any court on any ground. But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the president is not beyond judicial review. Hence statement 1 is not correct.
3. A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it. • Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.
This implies two things:
  • There is no maximum period prescribed for its operation, and repeated parliamentary approval is not required for its continuation. Hence statement 2 is not correct.
4. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting.
5. A proclamation of Financial Emergency may be revoked by the president at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
6. No Financial Emergency has been declared so far. Hence statement 3 is correct.
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Most Upvoted Answer
Consider the following statements with reference to a Financial Emerge...
Understanding Financial Emergency in India
A Financial Emergency in India is declared under Article 360 of the Constitution. Let's analyze the given statements to determine their validity.
Statement 1: The satisfaction of the President in declaring a Financial Emergency is final and not questionable in a court of law.
- This statement is incorrect. While the President's satisfaction for declaring a Financial Emergency is significant, it is not entirely beyond judicial review. Courts can examine whether the conditions for declaring such an emergency were met.
Statement 2: A resolution for its continuation beyond one year must be passed by either House of Parliament by a simple majority.
- This statement is correct. A Financial Emergency can initially be declared for a period of six months, but it requires parliamentary approval for any continuation beyond that period. For this, a simple majority is sufficient in either House of Parliament.
Statement 3: No Financial Emergency has been declared so far in India.
- This statement is correct. Since the adoption of the Constitution in 1950, India has never declared a Financial Emergency.
Conclusion
From the analysis:
- Only Statement 2 and Statement 3 are correct.
- Thus, the correct answer is option B: 3 only.
This highlights the unique situation of Financial Emergencies in India, emphasizing the importance of parliamentary oversight and the rarity of such declarations.
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Consider the following statements with reference to a Financial Emergency:1. The satisfaction of the President in declaring a Financial Emergency is final and not questionable in a court of law.2. A resolution for its continuation beyond one year must be passed by either House of Parliament by a simple majority.3. No Financial Emergency has been declared so far in India.Which of the statements given above is/are correct?a)1 and 2 onlyb)3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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