Q. With reference to the National Emergency in India, consider the following statements:
1.A National Emergency can be declared on the grounds of war, external aggression, or armed rebellion.
2.The proclamation must be approved by both Houses of Parliament within one month by a simple majority.
3.Article 358 leads to the suspension of Article 19 only in case of war or external aggression.
4.The 44th Constitutional Amendment Act restored judicial review over the proclamation of National Emergency.
Which of the statements given above are correct?
Answer: D
Notes:
Explanation:
- Statement 1 is correct:A National Emergency can be declared on the grounds of war, external aggression, or armed rebellion..
- Statement 2 is incorrect: Approval of the proclamation requires a special majority (i.e., a majority of the total membership and two-thirds of members present and voting), not a simple majority.
- Statement 3 is correct: Under Article 358, Article 19 is suspended only in cases of war or external aggression, not armed rebellion.
- Statement 4 is correct: The 44th Amendment Act (1978) reinstated judicial review over the President’s satisfaction regarding the Emergency.
Source- IE
