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Which of the following statements is/are correct about the National Emergency under Article 352?
The President can declare Emergency only after receiving a written recommendation from the Cabinet.
The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India.
Select the correct answer using the code given below:
- a)1 only
- b)2 only
- c)Both1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Which of the following statements is/are correct about the National E...
- Under Article 352, the President can declare a National Emergency when the security of India 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.
- The President can also issue different Proclamations on the grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not there is a Proclamation already issued by him and such Proclamation is in operation. This provision was added by the 38th Amendment Act of 1975. When a National Emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.
- 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.
- Originally, the Constitution mentioned ‘internal disturbance’ as the third ground for the Proclamation of a National Emergency, but the expression was too vague and had a wider connotation.
- 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.
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Which of the following statements is/are correct about the National E...
National Emergency under Article 352:
- The President can declare Emergency only after receiving a written recommendation from the Cabinet.
- The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India.
Explanation:
Article 352 of the Indian Constitution deals with the declaration of National Emergency. It can be imposed on the grounds of war, external aggression, or armed rebellion. The President can declare Emergency only after receiving a written recommendation from the Cabinet. This means that the Cabinet has to assess the situation and recommend to the President whether Emergency needs to be imposed or not.
The 42nd Amendment Act of 1976 made some changes to the provisions related to Emergency in the Constitution. One of the major changes was that it enabled the President to limit the operation of a National Emergency to a specified part of India. Earlier, Emergency used to be declared for the whole of India. But after this amendment, the President can specify the areas where Emergency needs to be imposed and where it does not need to be imposed. This was done to ensure that Emergency is not misused and that the fundamental rights of citizens are protected as much as possible.
Hence, both statements are correct.
- The President can declare Emergency only after receiving a written recommendation from the Cabinet.
- The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India.
Explanation:
Article 352 of the Indian Constitution deals with the declaration of National Emergency. It can be imposed on the grounds of war, external aggression, or armed rebellion. The President can declare Emergency only after receiving a written recommendation from the Cabinet. This means that the Cabinet has to assess the situation and recommend to the President whether Emergency needs to be imposed or not.
The 42nd Amendment Act of 1976 made some changes to the provisions related to Emergency in the Constitution. One of the major changes was that it enabled the President to limit the operation of a National Emergency to a specified part of India. Earlier, Emergency used to be declared for the whole of India. But after this amendment, the President can specify the areas where Emergency needs to be imposed and where it does not need to be imposed. This was done to ensure that Emergency is not misused and that the fundamental rights of citizens are protected as much as possible.
Hence, both statements are correct.
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Which of the following statements is/are correct about the National Emergency under Article 352? The President can declare Emergency only after receiving a written recommendation from the Cabinet. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Select the correct answer using the code given below:a)1 onlyb)2 onlyc)Both1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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Which of the following statements is/are correct about the National Emergency under Article 352? The President can declare Emergency only after receiving a written recommendation from the Cabinet. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Select the correct answer using the code given below:a)1 onlyb)2 onlyc)Both1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following statements is/are correct about the National Emergency under Article 352? The President can declare Emergency only after receiving a written recommendation from the Cabinet. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Select the correct answer using the code given below:a)1 onlyb)2 onlyc)Both1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following statements is/are correct about the National Emergency under Article 352? The President can declare Emergency only after receiving a written recommendation from the Cabinet. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Select the correct answer using the code given below:a)1 onlyb)2 onlyc)Both1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Which of the following statements is/are correct about the National Emergency under Article 352? The President can declare Emergency only after receiving a written recommendation from the Cabinet. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Select the correct answer using the code given below:a)1 onlyb)2 onlyc)Both1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following statements is/are correct about the National Emergency under Article 352? The President can declare Emergency only after receiving a written recommendation from the Cabinet. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Select the correct answer using the code given below:a)1 onlyb)2 onlyc)Both1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following statements is/are correct about the National Emergency under Article 352? The President can declare Emergency only after receiving a written recommendation from the Cabinet. The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India. Select the correct answer using the code given below:a)1 onlyb)2 onlyc)Both1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
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