Which article of the Indian Constitution empowers to declare National Emergency?

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JKSSB SI Official Paper (Held On: 07 Dec 2022 Shift 2)
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  1. 360
  2. 352
  3. 356
  4. 358

Answer (Detailed Solution Below)

Option 2 : 352
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Detailed Solution

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The correct answer is Article 352.

Key Points

  • Article 352 of the Indian Constitution empowers the President to declare a National Emergency.
  • A National Emergency can be declared on the grounds of war, external aggression, or armed rebellion.
  • During a National Emergency, the federal structure of the country can be altered, and the central government assumes greater powers.
  • The proclamation of emergency must be approved by both houses of Parliament within one month from the date of its issue.
  • The duration of the National Emergency can be extended indefinitely with the approval of Parliament every six months.

Additional Information

  • Article 356
    • Article 356 deals with the imposition of President's Rule in states due to the failure of constitutional machinery.
    • Under this provision, the President can assume all the functions of the state government and dissolve the state legislative assembly.
    • President's Rule must be approved by both houses of Parliament within two months of its imposition.
    • The maximum period for President's Rule is three years with periodic parliamentary approval every six months.
  • Article 360
    • Article 360 allows the President to declare a financial emergency if the financial stability or credit of India or any part thereof is threatened.
    • During a financial emergency, the executive authority of the center extends to directing any state to observe financial propriety.
    • Salaries and allowances of all government officials, including judges of the Supreme Court and High Courts, can be reduced.
    • All money bills and other financial bills have to be approved by the President.
  • Article 368
    • Article 368 provides the procedure for amending the Constitution.
    • It requires a bill to be passed by both houses of Parliament by a majority of the total membership and by a two-thirds majority of the members present and voting.
    • Certain amendments also require ratification by the legislatures of at least half of the states.
    • This article ensures the flexibility and dynamism of the Constitution to adapt to changing needs.
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