Question Q.3GS2GS2

Under what conditions can the 'National' Emergency be proclaimed by the President of India? What are the consequences when such a proclamation remains in force? When was it last imposed in the country?

Introduction

Art 352 - allows President to proclaim National emergency on the aid of advice of council of ministers & written assent from the cabinet.

24 words

Main Body

Art 352 - allows President to proclaim National emergency on the aid of advice of council of ministers & written assent from the cabinet. Conditions of proclamation (1) GroundsArmed rebellion or External aggression. Before 44th Amendment, internal disturbance was also a ground (2) Written assent of cabinet (3) Subject to judicial Review - Justiciable by 44th Amendment protected (4) Approved by Parliament - a Both houses within 1 month b If one house not in session, 30 days time for other house consideration c case to afforest & months from d can be extended by 6 month a time indefinitely

Consequences of proclamation (1) FR - can be non-frustrated - ie except A20 & A21, can be abrogated (also depends on whether Art 358 or A359 for abrogation) (2) centre-state relation - - Centre performs all powerful - can take over the functions of state - can dissolve state) (3) Other effects - - Judiciary - effectively running but power to approach court under A22 suffers - legislature - preserves powerful can legislate laws (eg 4and Amendment mid constitution - doing & emergency) Recently, the last time national Emergency was proclaimed in 1975 in effect till 1977.

199 words1 paragraphs

Conclusion

Recently, the last time national Emergency was proclaimed in 1975 in effect till 1977.

14 words

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Page 5

Topper

Rahul J Patil

AIR 2242025

Subject & Paper

GS2GS2

Topic

Emergency Provisions

National Emergency

Conditions and consequences of National Emergency proclamation

Writing Stats

237

Total words

Paragraphs

informative

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