The President of India can declare a national emergency only after th...
- The President can proclaim a national emergency only after receiving a written recommendation from the cabinet.
- This means that the emergency can be declared only on the cabinet's concurrence and not merely on the advice of the prime minister.
- In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone deciding in this regard.
Approval of the Parliament is required later to decide whether to continue the emergency or not.
The President of India can declare a national emergency only after th...
Approval Process for Declaring a National Emergency in India:
National emergency in India can be declared by the President under Article 352 of the Constitution in case of war, external aggression, or armed rebellion. However, there are certain procedures that need to be followed before declaring a national emergency.
1. Cabinet Approval:
- The President must have the approval of the Cabinet before declaring a national emergency. The Cabinet discusses the situation and advises the President on whether an emergency should be declared.
- This step ensures that the decision to declare a national emergency is made after careful consideration by the government.
2. Approval by the Parliament:
- After receiving the Cabinet's approval, the President can declare a national emergency. However, this declaration must be approved by both Houses of Parliament within one month of its issue.
- The approval by the Parliament ensures that the emergency declaration is supported by the representatives of the people.
3. State Legislatures Not Involved:
- The approval of the State legislatures is not required for declaring a national emergency. The decision rests with the central government and the Parliament.
- This ensures that the process of declaring a national emergency is centralized and does not involve the states directly.
Therefore, the correct answer to the question is option 'D' - 1 only, as the President of India can declare a national emergency only after the approval of the Cabinet.