Emergency Provisions Flashcards
1
Q
Emergency provisions
Art? Part?
A
A 352 to 360
Part 18
2
Q
Modifications by 42nd amendment
A
- enabled the president to limit the operation of a National Emergency to a specified part of India.
3
Q
Modifications by 44th amendment
A
- Internal disturbance —> Armed rebellion
- written recommendation from cabinet necessary for President to declare emergency
- Open to judicial review all 3 emergencies
- Duration for parliamentary approval reduced from 2 months to 1month
- Extended indefinitely with parliamentary approval every 6 months
- Special Majority for approval and continuance of national emergency
- LS can pass a resolution for discontinuance of emergency- by simple maj
- If 1/10th members of LS gives a written notice to speaker or president, in case LS not in session, for discontinuance of emergency — special sitting within 14 days
- A19 automatically suspended under A358- ground of war or external aggression
- President can suspend the right to move to any court for enforcement of FR (except A 20 and 21- 44th) by presidential Order
- 2 conditions for extension of president’s rule in a state beyond 1 year
4
Q
Case associated with judicial review of President’s Rule
A
Bommai case 1994
