National Emergency in India(Article 352) and Types of Emergency

In this session, I will take you through the understanding of National Emergency in India and types of emergency mentioned in Indian Constitution. We will go through all the important questions which generally gets asked in majority of the examinations related to National Emergency in India and it associates articles mentioned in Indian Constitution.

National Emergency in India

National Emergency in India

Also Read: Important Questions on Article 32 of Indian Constitution and Its similarity with Article 226

1. What is National Emergency in India ?

Ans. If President thinks that India or its any part of the state security is in danger due to External Aggression, War or due to Armed Rebellion then he can declare the state of National Emergency in India.

2. Which article talks about National Emergency in India ?

Ans. Article 352

3. Which article talks about State Emergency in India ?

Ans. Article 356

4. Which article talks about Financial Emergency in India ?

Ans. Article 360

5. Which article is used for President rule in State ?

Ans. Article 356

6. What is difference between War and External Aggression ?

Ans.If Country A and Country B formally declares their enmity with each other then it is called war whereas when Country A attacks Country B without any provocation or formal declaration then it is known as External Aggression.

7. In which amendment “Armed Rebellion” word inserted in Indian Constitution ?

Ans. 44th Amendment Act

8. What was the previous word used in place of “Armed Rebellion” before 44th Amendment ?

Ans. Internal Disturbances

9. What are the different types of Emergency ?

Ans. There are basically three types of Emergency :-
a)National Emergency
b)State Emergency
c)Financial Emergency

10. Which types of Emergency gets declared due to Armed Rebellion ?

Ans. National Emergency

11. Which types of Emergency get declared due to War and External Aggression ?

Ans. National Emergency

12. How many times National Emergency in India proclaimed till 2020 ?

Ans. 3 times

13. When was the first National Emergency in India proclaimed ?

Ans. During India-China war(1962-1968)

14. Which article provides provision for the Suspension of Fundamental Rights during National Emergency in India ?

Ans. Article 359

15. Can you go to Court to protect your fundamental rights during National Emergency ?

Ans. No

16. When was the Second National Emergency proclaimed in India ?

Ans. During India-Pakistan war(1971)

17. When was the Third National Emergency proclaimed in India ?

Ans. During Internal Disturbance(1975-1977)

18. Which amendment inserted “Special Majority” in Indian Constitution ?

Ans. 44th Amendment Act

19. Which majority parliament was using before Special Majority inserted through 44th Amendment ?

Ans. Parliament was using Simple Majority before 44th Amendment Act.

20. Who decides the extension of National Emergency in India after President proclamation ?

Ans. Parliament

21. What is the Process to declare National Emergency in India ?

Ans. Cabinet Minister(Council of Ministers+Prime Minister) after complying with the rules of Article 352 gives a written advice to President to invoke the National Emergency in India. If President is satisfied with the advice then he declares National Emergency in India.

22. What is the maximum time for which Parliament can approve the extension of National Emergency at one time ?

Ans. 6 months. For further extension Parliament again need to follow approval process to approve for another 6 months and so on.

23. After which amendment it was difficult to proclaim National Emergency in India but was easy to revoke ?

Ans. 44th Amendment Act

24. Does 6 months National Emergency extension requires approval from both Lok Sabha and Rajya Sabha ?

Ans. Yes

25. What if Rajya Sabha approves the Emergency Extension but Lok Sabha does not ?

Ans. In that case it will only extend for maximum of another 1 month.

26. What if Lok Sabha approves the Emergency Extension but Rajya Sabha does not ?

Ans. In that case also it will only extend for maximum of another 1 month.

27. What if neither Lok Sabha nor Rajya Sabha provide the approval for Extension of National Emergency in India ?

Ans. In that case also it will only extend for maximum of another 1 month.

28. What are the two conditions to revoke National Emergency in India ?

Ans. Below are the two conditions:-
a)When President thinks that the reason for National Emergency does not exist then he can revoke it immediately without consulting anyone.

b)When Lok Sabha disapproves the Emergency then also it will get revoked immediately.

29. Under which article Union Parliament can formulate laws for the subjects under State List during National Emergency in India?

Ans. Article 353(b)

30. Under which article President can issue a proclaimation and suspend all fundamental rights from Article 12 to Article 35 except Article 20 and 21 ?

Ans. Article 359

31. Which amendment allows Article 19 to be suspended only due to “war” and “external aggression” and not due to “Armed rebellion” during National Emergency in India ?

Ans. 44th Amendment Act

32. Which article allows Article 19 to be suspended only due to “war” and “external aggression” and not due to “Armed rebellion” during National Emergency after 44th Amendment Act ?

Ans. Article 358

33. Which are the four amendments done to amend the rules of National Emergency in India ?

Ans. Those Four Amendments are :-
a)38th Amendment
b)39th Amendment
c)42nd Amendment
d)44th Amendment

34. Which clause was added in Article 352 after 38th Amendment ?

Ans. Article 352(5)

35. Which Amendment undone the 38th Amendment ?

Ans. 44th Amendment

36. Under which amendment President, Vice-President, Prime Minister and Speaker cannot be questioned in the Court for their election ?

Ans. 39th Amendment

37. Which amendment was known as the most controversial amendment ?

Ans. 42nd Amendment

38. Which amendment added Article 31(d) – Prohibition of Anti National Activities in Indian Constitution ?

Ans. 42nd Amendment

39. Which amendment added the word Socialist, Secular and Integrity in Preamble of the Constitution ?

Ans. 42nd Amendment

40. What is the meaning of Special majority which is required in Parliament to pass the proclamation of National Emergency ?

Ans. It means below criteria needs to be fulfilled on both the houses(Rajya Sabha and Lok Sabha) to pass the proclamation :-
a)50% of the total strength of the house
b)2/3rd members present and voting

 

Also Read: Article 352 in the Constitution of India

 

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