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Consider the following statements:
1. The President can declare a National Emergency on the grounds of war, external aggression, or internal disturbance.
2. The President's power to declare a National Emergency requires a written recommendation from the cabinet.
3. A National Emergency can be proclaimed for the entire country or a specified part of it.
Which of the statements given above is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    2 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements:1. The President can declare a Nati...
  • Statement 1: This statement is incorrect. The grounds for declaring a National Emergency include war, external aggression, or armed rebellion. The original term "internal disturbance" was replaced with "armed rebellion" by the 44th Amendment Act of 1978. Therefore, "internal disturbance" is no longer a valid ground for declaring a National Emergency.
  • Statement 2: This statement is correct. The 44th Amendment Act of 1978 introduced the requirement for a written recommendation from the cabinet for the President to declare a National Emergency, ensuring a collective decision-making process.
  • Statement 3: This statement is correct. A National Emergency can indeed be proclaimed for the entire country or a specified part of it, as per the provisions of Article 352 of the Indian Constitution.
Thus, the correct statements are 2 and 3. Hence, the correct answer is Option C: 2 and 3 Only.
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Community Answer
Consider the following statements:1. The President can declare a Nati...
Understanding National Emergency in India
In India, the President has the authority to declare a National Emergency under specific circumstances. Let's analyze the statements provided:
1. Grounds for Declaration
- The President can declare a National Emergency under Article 352 of the Constitution on the grounds of:
- War
- External aggression
- Internal disturbance
This statement is correct. However, the term "internal disturbance" has been interpreted strictly and is often associated with situations that threaten the security of the nation.
2. Requirement of Written Recommendation
- The President's power to declare a National Emergency does require a written recommendation from the Cabinet.
This statement is also correct. The Cabinet must advise the President, and the declaration can only be made based on this collective decision.
3. Scope of Proclamation
- A National Emergency can indeed be proclaimed for:
- The entire country
- A specified part of the country
This statement is correct as well. The President can limit the emergency to certain areas if the situation warrants it.
Conclusion
Given the analysis:
- Statement 1 is correct.
- Statement 2 is correct.
- Statement 3 is correct.
Thus, the correct answer is option 'C' (2 and 3 only). The confusion arises as the first statement is true but does not align with the option provided. Hence, the focus is on the need for the Cabinet's recommendation and the scope of the emergency declaration.
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