Which of the following statements about National Emergency is/are correct?
1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external aggression or armed rebellion.
2. The Government of India acquires power to give directions to a State on any matter.
3. The Proclamation of Emergency does not suspend the State legislature.
4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of Parliament.
1 only
1 and 2 only
1, 2 and 3 only
2, 3 and 4 only
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CAPF – 2023
– Statement 2 is correct: During a National Emergency, the executive power of the Union extends to giving directions to any State as to the manner in which its executive power is to be exercised (Article 353(a)).
– Statement 3 is correct: A proclamation of National Emergency does not suspend the State Legislature. State Legislatures continue to function normally, although Parliament acquires concurrent power to make laws on subjects in the State List (Article 250).
– Statement 4 is incorrect: While parliamentary approval makes the Proclamation continue for six months at a time (from the date of approval or subsequent approval), the initial Proclamation is valid for one month *without* parliamentary approval. The statement says it “can continue… only if approved”, which is not entirely accurate for the initial month. More importantly, it can be extended repeatedly for periods of six months after initial approval, implying continuation beyond the first six months is possible with repeated approvals. The phrasing “maximum period of six months at a time only if approved” refers to the duration granted by each approval, but the statement might be interpreted in ways that make it less precise than 1, 2, and 3. Given that 1, 2, and 3 are clearly correct and form an option, it’s most likely intended that 4 is not correct or less accurate in comparison.