A Proclamation of National Emergency must be approved by each House within how many months?

The correct answer is 3. Part XVIII of the Constitution provides for three kinds of emergency. A National Emergency under Article 352 can be declared on the ground of war, external aggression or armed rebellion. President's Rule, also called State Emergency or constitutional emergency, under Article 356, applies when the constitutional machinery in a State fails. A Financial Emergency under Article 360 applies when the financial stability or credit of India is threatened.

The word "emergency" itself is used in the Constitution only for the first one: Article 352 speaks of a "Proclamation of Emergency", while Article 356 speaks of the failure of constitutional machinery. That is why some questions ask how many times "emergency" has been declared and mean only the National Emergency. The options 2, 4 and 5 have no basis in the text. Learn the three together with their Articles, 352, 356 and 360, since the next question is almost always about one of those numbers.

The correct answer is Article 352. It allows the President, if satisfied that a grave emergency exists whereby the security of India or any part of it is threatened by war, external aggression or armed rebellion, to make a Proclamation of Emergency. Since the 44th Amendment (1978), the President can do so only when the Union Cabinet's decision is communicated in writing, and both Houses must approve the proclamation within one month by a special majority.

The other options are real Articles on quite different subjects. Article 350 gives every person the right to submit a representation for the redress of a grievance in any language used in the Union or a State. Article 362 dealt with the rights and privileges of the rulers of the former princely states and was removed by the 26th Amendment in 1971, which ended the privy purses. Article 364 contains special provisions for major ports and aerodromes. Remember the emergency trio: 352 National Emergency, 356 President's Rule, 360 Financial Emergency.

The correct answer is 44th Amendment act, 1978. The Emergency of June 1975 was declared on the ground of "internal disturbance", a phrase so vague that almost any political unrest could be brought under it. The Janata government's 44th Amendment replaced it with "armed rebellion", a much narrower ground. The same amendment required the Cabinet's written advice for a proclamation, cut the approval period from two months to one, demanded a special majority for approval and let the Lok Sabha end an emergency by a simple majority.

The other options are the amendments around it. The 42nd Amendment (1976), passed during the Emergency, strengthened the Centre and allowed an emergency to be declared for part of the country, but it did not change the grounds. The 43rd Amendment (1977) restored some powers of the courts that the 42nd had taken away. The 41st Amendment (1976) raised the retirement age of members of State Public Service Commissions. When a question mentions "armed rebellion", the answer is always the 44th Amendment.

The correct answer is Article 353, titled "Effect of Proclamation of Emergency". While a National Emergency is in force, it extends the executive power of the Union to giving directions to any State on the manner in which its executive power is to be exercised, and it allows Parliament to make laws on any matter, even one in the State List. Article 250 spells out that legislative power in detail, and laws made under it cease to have effect six months after the emergency ends.

The other options are unrelated. Article 350 guarantees the right to submit a representation for the redress of grievances in any language used in the Union or a State. Article 256 lays down a normal-time duty: every State must exercise its executive power so as to comply with laws made by Parliament. Article 252 lets Parliament legislate for two or more States on a State subject when their legislatures pass resolutions asking it to do so. The difference with 353 is that during an emergency no State's consent is needed at all.

The correct answer is upto one year. While a Proclamation of National Emergency is in operation, Parliament can by law extend the normal five-year term of a State Legislative Assembly (Article 172) and of the Lok Sabha (Article 83) by up to one year at a time. There is also an outer limit: the extension cannot continue beyond six months after the proclamation has ceased to operate. During the Emergency of 1975–77 the term of the Fifth Lok Sabha was extended in this way.

The other durations come from elsewhere in the chapter and are meant to confuse. Six months is the period for which an approved emergency lasts, and also the outer limit after an emergency ends. One month is the time within which Parliament must approve a National Emergency. Nine months has no basis. The logic of the rule is that elections may be impossible during a war or rebellion, so the Constitution lets the existing legislatures continue, but only one year at a time and never for long after the crisis has passed.