Q. With reference to the implication of the proclamation of National emergency, consider the following statements:
1. The Centre can give executive directions to a state on any matter when emergency is in force.
2. The Parliament can make laws on any subject mentioned in the State List as the legislative power of a state legislature is suspended.
3. Suspension of normal distribution of the legislative powers between the Centre and states extends only to a state where the Emergency is in operation.
How many statements given above are correct?
Exp) Option a is the correct answer.
The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. 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.
Statement 1 is correct. During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. In normal times, the Centre can give executive directions to a state only on certain specified matters. However, during a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter.
Statement 2 is incorrect. During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
Statement 3 is incorrect. The 42nd Amendment Act of 1976 provided that the suspension of normal distribution of the legislative powers between the Centre and states extends not only to a state where the Emergency is in operation but also to any other state.
