emergency

Question 1

emergency provisions in which part

Answer 1

XVIII (18)

Question 2

how many types of emergency

Answer 2

national 352
state 356
financial 360

Question 3

on what grounds can proclamation of national emergency be declared

Answer 3

war
external aggression
armed rebellion

Question 4

changed internal aggression to armed rebellion

Answer 4

44th amendment

Question 5

naga peoples movement for human rights v union of India

Answer 5

internal aggression is wider than armed rebellion, armed rebellion actually poses a threat while internal aggression may not

Question 6

can president act on PMs advice alone

Answer 6

352 (3) no (added by 44th amendment)
he needs a written communication from the Union Council of Ministers

Question 7

art 352(4)

Answer 7

each proclamation has to be laid before both houses if they do not pass within a month they cease to operate (this doesnt happen when proclamation to revoke proclamation is made)
if lok sabha dissolved when a proclamation is made, it will cause to operate 30 days after fresh elections unless lok sabha passes it

Question 8

352(5)

Answer 8

lasts for six months from date of passing unless revoked

Question 9

352(6)

Answer 9

needs to be passed by majority of the house and atleast 2/3 members present

Question 10

352(7)

Answer 10

if the lok sabha passes reso dissapproving the same then president has to revoke proclamation

Question 11

352(9)

Answer 11

president has the power to issue different proclamations on different grounds

Question 12

which amendment and case made it possible to judicially review emergency proclamation

Answer 12

38th amendment made it so that the proclamation could not be reviewed bu the 44th amendment changed that
in minerva mills case it was held: court can challenge emergency on the grounds of mala fide or that the proclamation was based on extraneous and irrelevant facts

Question 13

what are the consequences of emergency

Answer 13

1. centre can make law on any subject under the state list (lasts for six months after the proclamation ceases)
2. they can levy taxes on state subjects
3. fundamental rights are suspended but art 20 and 21 still operate by way of 44th amendment
4. centre can direct state to manner in which it should exercise its executive functions
5. any provisions related to distributions of funds may be modified/subjected to exemptions
6. term of lok sabha may be extended by one year

Question 14

how many times has emergency been invoked

Answer 14

Indo-China War is 1962
Indo-Pak war in 1971
Internal disturbance- 1975

Question 15

356

Answer 15

Failure of constitutional machinery in state (presidents rule)

Question 16

356(5) no houe can pass reso to etend emergency unless

Answer 16

proclamation under 352 is operating at the time
election commission certifies continuance of the proclamation due o difficulty in conducting elections for state legislature

Question 17

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