Q. Consider the following statements with reference to the Emergency provisions:
1. The President, can proclaim a national emergency only after receiving a written recommendation from the Prime Minister.
2. The President’s rule can be declared by both the President and Governor.
Which of the statements given above is/are correct?
Exp) Option d is the correct answer.
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 incorrect: The President, can proclaim a national emergency only after receiving a written recommendation from the cabinet. 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.
Statement 2 is incorrect: Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency. Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (i.e., even without the governor’s report). Governor is not the authority to declare president rule it can only be proclaimed by President, hence the name President rule.
