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Consider the following statements regarding National Emergency under Article 352 of the Constitution:
The President can limit the operation of a National Emergency to a specified part of India.
The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements regarding National Emergency under ...
- A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Hence statement 1 is correct.
- The President, however, 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 concurrence of the cabinet and not merely on the advice of the prime minister. Hence statement 2 is not correct.
- In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim an 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 taking a decision in this regard.
Community Answer
Consider the following statements regarding National Emergency under ...
Understanding National Emergency under Article 352
The provisions of Article 352 of the Indian Constitution relate to the declaration of a National Emergency, which can significantly alter the balance of power between the Centre and the states.
Statement 1: Limiting the National Emergency
- The President can limit the operation of a National Emergency to a specified part of India.
- This means that if a situation arises in a specific region, the President has the authority to confine the emergency measures to that area rather than apply them nationwide.
Statement 2: Proclamation on Prime Minister's Advice
- The President cannot issue a proclamation of National Emergency merely on the advice of the Prime Minister.
- The declaration must be based on the President’s own satisfaction that the security of India or any part thereof is threatened by war, external aggression, or armed rebellion.
- Therefore, the proclamation requires a careful consideration of the situation rather than being a mere formality based on the Prime Minister's recommendation.
Conclusion
- Given the explanations above, only Statement 1 is correct.
- Hence, the correct answer is option 'A'.
This distinction is crucial for understanding the constitutional provisions governing emergency situations in India and the checks and balances implicit in these powers.
The provisions of Article 352 of the Indian Constitution relate to the declaration of a National Emergency, which can significantly alter the balance of power between the Centre and the states.
Statement 1: Limiting the National Emergency
- The President can limit the operation of a National Emergency to a specified part of India.
- This means that if a situation arises in a specific region, the President has the authority to confine the emergency measures to that area rather than apply them nationwide.
Statement 2: Proclamation on Prime Minister's Advice
- The President cannot issue a proclamation of National Emergency merely on the advice of the Prime Minister.
- The declaration must be based on the President’s own satisfaction that the security of India or any part thereof is threatened by war, external aggression, or armed rebellion.
- Therefore, the proclamation requires a careful consideration of the situation rather than being a mere formality based on the Prime Minister's recommendation.
Conclusion
- Given the explanations above, only Statement 1 is correct.
- Hence, the correct answer is option 'A'.
This distinction is crucial for understanding the constitutional provisions governing emergency situations in India and the checks and balances implicit in these powers.
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Consider the following statements regarding National Emergency under Article 352 of the Constitution: The President can limit the operation of a National Emergency to a specified part of India. The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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Consider the following statements regarding National Emergency under Article 352 of the Constitution: The President can limit the operation of a National Emergency to a specified part of India. The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding National Emergency under Article 352 of the Constitution: The President can limit the operation of a National Emergency to a specified part of India. The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding National Emergency under Article 352 of the Constitution: The President can limit the operation of a National Emergency to a specified part of India. The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
Consider the following statements regarding National Emergency under Article 352 of the Constitution: The President can limit the operation of a National Emergency to a specified part of India. The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding National Emergency under Article 352 of the Constitution: The President can limit the operation of a National Emergency to a specified part of India. The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding National Emergency under Article 352 of the Constitution: The President can limit the operation of a National Emergency to a specified part of India. The President can issue a proclamation of a National Emergency merely on the advice of the Prime Minister. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
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