The correct answer is: a) Article 352
Article 352 of the Constitution of India deals with the Proclamation of Emergency. It states that if the President is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, declare that such emergency exists.
The Proclamation of Emergency must be approved by both Houses of Parliament within a period of one month from the date of its issue. If the Proclamation is not approved within this period, it shall cease to operate.
During the period of emergency, the President may make such orders as he deems necessary or expedient for the defence of India or any part of the territory thereof, or for the maintenance of public order therein, and for the restoration of normalcy.
The President may also suspend the operation of any provision of the Constitution, except the provisions relating to the President, the Vice-President, the Supreme Court, the High Courts, the Union Judiciary and the Comptroller and Auditor-General of India.
The Proclamation of Emergency can be revoked by the President at any time. However, if the Proclamation is revoked, the President may issue a fresh Proclamation if he is satisfied that the situation has again become such that a grave emergency exists.
The following are the main features of Article 352:
- The President can declare a national emergency if he is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion.
- The Proclamation of Emergency must be approved by both Houses of Parliament within a period of one month from the date of its issue.
- During the period of emergency, the President may make such orders as he deems necessary or expedient for the defence of India or any part of the territory thereof, or for the maintenance of public order therein, and for the restoration of normalcy.
- The President may also suspend the operation of any provision of the Constitution, except the provisions relating to the President, the Vice-President, the Supreme Court, the High Courts, the Union Judiciary and the Comptroller and Auditor-General of India.
- The Proclamation of Emergency can be revoked by the President at any time. However, if the Proclamation is revoked, the President may issue a fresh Proclamation if he is satisfied that the situation has again become such that a grave emergency exists.
The following are some of the examples of national emergencies that have been declared in India:
- The Indo-Pakistani War of 1965
- The Bangladesh Liberation War of 1971
- The Operation Blue Star in 1984
- The Kargil War in 1999
- The 26/11 Mumbai attacks in 2008
The Proclamation of Emergency has been a controversial issue in India. Some people argue that it is a necessary tool for the government to use in times of crisis, while others argue that it is a dangerous power that can be abused by the government.