Which one of the following is not a circumstance for proclamation of Emergency by the President of India under Article 352 of the Constitution of India ?
- A.War
- B.External aggression
- C.Internal disturbance
- D.Armed rebellion
Correct answer
Explanation
The correct answer is C, Internal disturbance. The 44th Amendment of 1978 removed 'internal disturbance' from Article 352 and put 'armed rebellion' in its place.
Article 352 lets the President proclaim a National Emergency when the security of India or any part of it is threatened by war, external aggression or armed rebellion, and only on the written advice of the Union Cabinet. The vague phrase 'internal disturbance' had been used for the Emergency of June 1975, so the Janata government replaced it to prevent misuse. The proclamation must be approved by both Houses of Parliament within one month by a special majority.
A is wrong because war is one of the three grounds, used in 1962 and 1971. B is wrong because external aggression is also a ground, and an Emergency can be declared even before the actual aggression takes place. D is wrong because armed rebellion is the ground added by the 44th Amendment.
Exam tip: Article 352 grounds: war, external aggression, armed rebellion; 'internal disturbance' was dropped in 1978.
Practice Questions
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