Which of the following statements is/are correct ?
The President of India can proclaim emergency
- 1. on the ground of war, aggression or armed rebellion.
- 2. only if the decision of the Union Council of Ministers is communicated to him in writing.
- 3. only if both houses of Parliament approve the proclamation after its promulgation.
Select the correct answer using the code given below :
1 only
1 and 2 only
1, 2 and 3
3 only
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC SO-Steno – 2017
Statement 2 is correct. Article 352(3), inserted by the 44th Amendment Act, 1978, mandates that the President shall not issue a Proclamation of Emergency unless the decision of the Union Cabinet (not just Council of Ministers generally) that such a Proclamation may be issued has been communicated to him in writing. This was a safeguard added after the experience of the 1975 emergency.
Statement 3 is incorrect. The President proclaims the emergency based on the grounds and written communication from the Cabinet. The proclamation must then be laid before each House of Parliament and must be approved by resolutions of both Houses within one month of its promulgation (Article 352(4)). Approval is a condition for the *continuation* of the emergency beyond one month, not a prerequisite for its initial *promulgation* by the President.