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Which of the following is correct with reference to Financial Emergency under Article 360?
- a)The proclamation of Financial Emergency by the President cannot be questioned in any court.
- b)Proclamation declaring financial emergency can be approved only by Lok Sabha.
- c)Proclamation of financial emergency can be passed by a simple majority.
- d)The Parliament can make laws on the state subjects during Financial Emergency.
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Which of the following is correct with reference to Financial Emergenc...
The correct answer is option 'C' - Proclamation of financial emergency can be passed by a simple majority.
Explanation:
Provisions related to Financial Emergency are mentioned under Article 360 of the Indian Constitution. Financial Emergency is one of the three types of emergencies that can be declared by the President of India, the other two being National Emergency and State Emergency.
1. The proclamation of Financial Emergency by the President cannot be questioned in any court:
- This statement is incorrect. The proclamation of Financial Emergency can be questioned in court. The Supreme Court has the power to review the President's decision to proclaim a Financial Emergency.
2. Proclamation declaring financial emergency can be approved only by Lok Sabha:
- This statement is incorrect. The proclamation declaring a Financial Emergency can be approved by both houses of Parliament - Lok Sabha (the lower house) and Rajya Sabha (the upper house). It requires a simple majority in each house to approve the proclamation.
3. Proclamation of financial emergency can be passed by a simple majority:
- This statement is correct. The proclamation of Financial Emergency can be passed by a simple majority in both the Lok Sabha and the Rajya Sabha. A simple majority means that more than 50% of the members present and voting in each house need to support the proclamation.
4. The Parliament can make laws on the state subjects during Financial Emergency:
- This statement is incorrect. During a Financial Emergency, the President has the power to issue directions to the states on matters related to financial stability and governance. However, the Parliament does not have the power to make laws on state subjects during a Financial Emergency.
In conclusion, the correct statement is that the proclamation of Financial Emergency can be passed by a simple majority in both houses of Parliament.
Explanation:
Provisions related to Financial Emergency are mentioned under Article 360 of the Indian Constitution. Financial Emergency is one of the three types of emergencies that can be declared by the President of India, the other two being National Emergency and State Emergency.
1. The proclamation of Financial Emergency by the President cannot be questioned in any court:
- This statement is incorrect. The proclamation of Financial Emergency can be questioned in court. The Supreme Court has the power to review the President's decision to proclaim a Financial Emergency.
2. Proclamation declaring financial emergency can be approved only by Lok Sabha:
- This statement is incorrect. The proclamation declaring a Financial Emergency can be approved by both houses of Parliament - Lok Sabha (the lower house) and Rajya Sabha (the upper house). It requires a simple majority in each house to approve the proclamation.
3. Proclamation of financial emergency can be passed by a simple majority:
- This statement is correct. The proclamation of Financial Emergency can be passed by a simple majority in both the Lok Sabha and the Rajya Sabha. A simple majority means that more than 50% of the members present and voting in each house need to support the proclamation.
4. The Parliament can make laws on the state subjects during Financial Emergency:
- This statement is incorrect. During a Financial Emergency, the President has the power to issue directions to the states on matters related to financial stability and governance. However, the Parliament does not have the power to make laws on state subjects during a Financial Emergency.
In conclusion, the correct statement is that the proclamation of Financial Emergency can be passed by a simple majority in both houses of Parliament.
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Community Answer
Which of the following is correct with reference to Financial Emergenc...
- 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.
- 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.
- A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. 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. Hence, option (c) is correct.
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Which of the following is correct with reference to Financial Emergency under Article 360?a)The proclamation of Financial Emergency by the President cannot be questioned in any court.b)Proclamation declaring financial emergency can be approved only by Lok Sabha.c)Proclamation of financial emergency can be passed by a simple majority.d)The Parliament can make laws on the state subjects during Financial Emergency.Correct answer is option 'C'. Can you explain this answer?
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