Q. Consider the following statements with reference to the National emergency:
1. During a national emergency, the President becomes empowered to make laws on any subject mentioned in the State List.
2. Every resolution approving the proclamation of emergency must be passed by either House of Parliament by a special majority.
Which of the statements given above is/are correct?
Exp) Option b 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: 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. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislature is not suspended. In brief, the Constitution becomes unitary rather than federal.
Statement 2 is correct: Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is, A majority of the total membership of that house, and A majority of not less than two-thirds of the members of that house present and voting. This special majority provision was introduced by the 44th Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of the Parliament.
