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Consider the following statements.
1. National emergency can be declared even if the security of India is not in threat, but there is a case of imminent danger.
2. The operation of National Emergency always applies to the whole of Indian Territory.
Which of the above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    None
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements.1. National emergency can be declar...
  • Under Article 352, the President can declare a national emergency when India's security 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 apply to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit a National Emergency operation to a specific part of India.
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Consider the following statements.1. National emergency can be declar...
Understanding National Emergency in India
In India, the provisions for a National Emergency are outlined in Article 352 of the Constitution. The conditions under which a National Emergency can be declared are crucial to understand.
Statement 1: National Emergency Declaration
- A National Emergency can indeed be declared when there is an imminent danger to the security of India, even if that threat is not currently manifest.
- This means that the government can proactively declare an emergency based on a perceived threat, ensuring that necessary measures can be taken in anticipation of potential crises.
Statement 2: Scope of National Emergency
- The operation of a National Emergency does not necessarily apply to the entire territory of India.
- The President can specify the areas where the emergency applies, which can be limited to specific regions or states. This flexibility is essential for addressing localized threats effectively.
Conclusion
Based on the analysis of both statements:
- Statement 1 is correct: A National Emergency can be declared based on imminent danger.
- Statement 2 is incorrect: The emergency does not automatically cover the whole of Indian territory.
Therefore, the correct answer is option 'A': 1 only. Understanding these provisions is critical, especially in the context of civil liberties and governance during emergencies.
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Consider the following statements.1. National emergency can be declared even if the security of India is not in threat, but there is a case of imminent danger.2. The operation of National Emergency always applies to the whole of Indian Territory.Which of the above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) NoneCorrect answer is option 'A'. Can you explain this answer?
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