Q. Consider the following statements:
1. No Proclamation of Emergency can be made by the President of India unless the Union Ministers of Cabinet rank, headed by die Prime Minister, recommended to him, in writing, mat’ such a Proclamation should be issued.
2. The President of India must issue a Proclamation of Revocation of Emergency any time that the Lok Sabha passes a resolution disapproving the proclamation or its continuance.
Which of the statements given above is / are correct?
Explanation: Grounds of Declaration of National Emergency
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 grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether 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. Hence, the 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer possible to declare a National Emergency on the ground of‘internal disturbance’ as was done in 1975 by the Congress government headed by Indira Gandhi.
The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet3. 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.
Revocation of Proclamation
A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval. Further, the President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. Again, this safeguard was introduced by the 44th Amendment Act of 1978. Before the amendment, a proclamation could be revoked by the president on his own and the Lok Sabha had no control in this regard.
The 44th Amendment Act of 1978 also provided that, where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or to the president if the House is not in session), a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation.
Source: Indian Polity Laxmikanth
