Home » mcq » Indian politics » Under which article of constitution, proclamation of National Emergency is declared- A. Article 352 B. Article 356 C. Article 360 D. Article 361
Article 352
Article 356
Article 360
Article 361
Answer is Right!
Answer is Wrong!
The correct answer is: A. Article 352.
Article 352 of the
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Constitution of India deals with the Proclamation of Emergency. It states that the President may, on the recommendation of the Union Council of Ministers, by Proclamation, declare 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 has far-reaching consequences. It suspends the right to move any court for the enforcement of any of the fundamental rights guaranteed by Part III of the Constitution, except the right to life and personal liberty. It also empowers the President to make any such provision by order as he deems necessary or expedient for the defence of India or any part thereof, or for the maintenance of public order therein, and for the restoration of public order if it has been disturbed.
The Proclamation of Emergency can be revoked by the President at any time. However, it cannot be revoked unless the Rajya Sabha passes a resolution approving the Proclamation within two months of its being issued. If the Rajya Sabha does not pass such a resolution, the Proclamation will lapse.
The Proclamation of Emergency has been used on several occasions in India. The first time it was used was in 1962, during the Sino-Indian War. It was used again in 1971, during the Bangladesh Liberation War. It was also used in 1975, when Indira Gandhi declared Emergency rule.
The use of the Proclamation of Emergency has been controversial. Some people argue that it is a necessary tool for the government to use in times of crisis. Others argue that it is a dangerous power that can be abused by the government.
The Supreme Court of India has ruled that the Proclamation of Emergency is a valid constitutional power. However, the Court has also ruled that the Proclamation must be used in good faith and that it must not be used to suppress dissent or to violate the fundamental rights of citizens.