Which of the following statements is/are correct regarding the proclamation of Emergency under the Indian Constitution? 1. A Proclamation of Emergency under Article 352 must be approved by both Houses of Parliament within one month. 2. During a National Emergency, the State Governments are suspended and the Union Government takes over all legislative powers. 3. Fundamental Rights under Article 19 are automatically suspended when a National Emergency is proclaimed on grounds of war or external aggression. Select the correct answer using the code given below: |ForumIAS

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

Answer: C

Notes:

Explanation:

According to Article 352(4), every Proclamation of Emergency must be laid before each House of Parliament and must be approved within one month (earlier 2 months, amended by the 44th Amendment Act, 1978).
During a National Emergency, state governments are not suspended, but the distribution of legislative powers between the Centre and States is modified. The Union Parliament can make laws on subjects in the State List, but State governments continue to function.
Article 19 is automatically suspended during a National Emergency only when it is declared on the grounds of war or external aggression, not on the grounds of armed rebellion (as per the 44th Amendment).

Source: Laxmikant

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