Question
Download Solution PDFWhich article of the Indian Constitution empowers to declare National Emergency?
This question was previously asked in
JKSSB SI Official Paper (Held On: 07 Dec 2022 Shift 2)
Answer (Detailed Solution Below)
Option 2 : 352
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JKSSB SI GK Subject Test
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Detailed Solution
Download Solution PDFThe 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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