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Consider the following statements with reference to National emergency:
The proclamation of national emergency is unreservedly applicable to the entire country.
National emergency can be declared by the President on the advice of the prime minister.
The proclamation of national emergency can be challenged in a court on the ground of malafide.
Which of the above statements is/are correct?
- a)1 only
- b)2 and 3 only
- c)3 only
- d)All of the above
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements with reference to National emergenc...
National Emergency
Introduction
National emergency is a situation of national crisis arising out of war, external aggression or armed rebellion. It is declared by the President of India on the advice of the Cabinet.
Statement Analysis
1. The proclamation of national emergency is unreservedly applicable to the entire country.
The statement is correct. A national emergency proclaimed by the President under Article 352 of the Constitution applies to the whole of India, including the state governments.
2. National emergency can be declared by the President on the advice of the prime minister.
The statement is incorrect. The President can declare a national emergency on the advice of the Cabinet. The Prime Minister is a member of the Cabinet, but the decision to declare a national emergency is a collective one taken by the Cabinet.
3. The proclamation of national emergency can be challenged in a court on the ground of malafide.
The statement is correct. The Supreme Court has held that the President’s power to declare an emergency is justiciable, and the proclamation of emergency can be challenged in a court of law on the ground of malafide or bad faith. The court can examine whether the President had sufficient material to form the opinion that a situation has arisen where the security of India or any part of it is threatened by war or external aggression or armed rebellion.
Conclusion
Therefore, option (c) - 3 only is the correct answer.
Introduction
National emergency is a situation of national crisis arising out of war, external aggression or armed rebellion. It is declared by the President of India on the advice of the Cabinet.
Statement Analysis
1. The proclamation of national emergency is unreservedly applicable to the entire country.
The statement is correct. A national emergency proclaimed by the President under Article 352 of the Constitution applies to the whole of India, including the state governments.
2. National emergency can be declared by the President on the advice of the prime minister.
The statement is incorrect. The President can declare a national emergency on the advice of the Cabinet. The Prime Minister is a member of the Cabinet, but the decision to declare a national emergency is a collective one taken by the Cabinet.
3. The proclamation of national emergency can be challenged in a court on the ground of malafide.
The statement is correct. The Supreme Court has held that the President’s power to declare an emergency is justiciable, and the proclamation of emergency can be challenged in a court of law on the ground of malafide or bad faith. The court can examine whether the President had sufficient material to form the opinion that a situation has arisen where the security of India or any part of it is threatened by war or external aggression or armed rebellion.
Conclusion
Therefore, option (c) - 3 only is the correct answer.
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Community Answer
Consider the following statements with reference to National emergenc...
- A proclamation of National emergency may be applicable to the entire country or only a part of it.
- National emergency can be declared only on the written recommendation of the cabinet and not merely on the advice of the prime minister. Enrich Your Learning: Emergency Provisions: The Indian Constitution gives the President the authority to declare three types of emergencies: National emergency (Article 352), State emergency (Article 356) and Financial Emergency (Article 360). 1. Article 352: National Emergency- An emergency due to war, external aggression or armed rebellion.
- 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.
- He 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 be applicable to the entire country or only a part of it.
- The President can proclaim a national emergency only after receiving a written recommendation from the cabinet.
- The proclamation of national emergency can be challenged in a court on the ground of malafide or that the declaration was based on irrelevant.
- The proclamation made must be approved by both the houses of parliament within one month after the proclamation.
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Consider the following statements with reference to National emergency: The proclamation of national emergency is unreservedly applicable to the entire country. National emergency can be declared by the President on the advice of the prime minister. The proclamation of national emergency can be challenged in a court on the ground of malafide. Which of the above statements is/are correct?a)1 onlyb)2 and 3 onlyc)3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer?
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Consider the following statements with reference to National emergency: The proclamation of national emergency is unreservedly applicable to the entire country. National emergency can be declared by the President on the advice of the prime minister. The proclamation of national emergency can be challenged in a court on the ground of malafide. Which of the above statements is/are correct?a)1 onlyb)2 and 3 onlyc)3 onlyd)All of the aboveCorrect answer is option 'C'. 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 with reference to National emergency: The proclamation of national emergency is unreservedly applicable to the entire country. National emergency can be declared by the President on the advice of the prime minister. The proclamation of national emergency can be challenged in a court on the ground of malafide. Which of the above statements is/are correct?a)1 onlyb)2 and 3 onlyc)3 onlyd)All of the aboveCorrect answer is option 'C'. 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 with reference to National emergency: The proclamation of national emergency is unreservedly applicable to the entire country. National emergency can be declared by the President on the advice of the prime minister. The proclamation of national emergency can be challenged in a court on the ground of malafide. Which of the above statements is/are correct?a)1 onlyb)2 and 3 onlyc)3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer?.
Consider the following statements with reference to National emergency: The proclamation of national emergency is unreservedly applicable to the entire country. National emergency can be declared by the President on the advice of the prime minister. The proclamation of national emergency can be challenged in a court on the ground of malafide. Which of the above statements is/are correct?a)1 onlyb)2 and 3 onlyc)3 onlyd)All of the aboveCorrect answer is option 'C'. 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 with reference to National emergency: The proclamation of national emergency is unreservedly applicable to the entire country. National emergency can be declared by the President on the advice of the prime minister. The proclamation of national emergency can be challenged in a court on the ground of malafide. Which of the above statements is/are correct?a)1 onlyb)2 and 3 onlyc)3 onlyd)All of the aboveCorrect answer is option 'C'. 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 with reference to National emergency: The proclamation of national emergency is unreservedly applicable to the entire country. National emergency can be declared by the President on the advice of the prime minister. The proclamation of national emergency can be challenged in a court on the ground of malafide. Which of the above statements is/are correct?a)1 onlyb)2 and 3 onlyc)3 onlyd)All of the aboveCorrect answer is option 'C'. Can you explain this answer?.
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