'Effect of Proclamation of Emergency' is explicitly provided in which of the following provisions of the Constitution of India?
- A.Article 353
- B.Article 350
- C.Article 256
- D.Article 252
Correct answer
Explanation
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.
Read the full article: Emergency Provisions (Articles 352–360): Notes and PYQs
Practice Questions
View allHow many types of emergencies are provided in the Constitution?
- A.2
- B.3
- C.4
- D.5
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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.
Read the full explanation →Which article of the Indian constitution provides for proclamation of Emergency?
- A.Article 364
- B.Article 352
- C.Article 350
- D.Article 362
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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.
Read the full explanation →Which of the following amendment act of the Indian constitution replaced the term "internal disturbance" with "armed rebellion" in the context of a national emergency?
- A.41st Amendment act, 1976
- B.44th Amendment act, 1978
- C.42nd Amendment act, 1976
- D.43rd Amendment act, 1977
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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.
Read the full explanation →A Proclamation of National Emergency must be approved by each House within how many months?
- A.1
- B.3
- C.6
- D.9
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A Proclamation of National Emergency must be laid before both Houses of Parliament and approved by each of them within one month of its issue; otherwise it ceases to operate.
Read the full explanation →If a National Emergency is in place under Article 352, then the Parliament can extend the term of the Legislative Assemblies for _________ at a time.
- A.upto one month
- B.upto nine months
- C.upto one year
- D.upto six months
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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.
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