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
Correct answer
Explanation
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.
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 →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 →'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
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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.
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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