Which of the following statements is/are correct about National Emerge

1.	Which of the following statements is/are correct about National Emergency?1. It can be imposed before the actual occurrence of war or any such aggression or rebellion if the President is satisfied that there is imminent danger thereof.2. It is imposed four times.3. President can only issue such a declaration after receiving a decision from Union Cabinet in writing.4. Article 19 is automatically suspended when the National Emergency is imposed in case of the proclamation on the ground of war or external aggression.1. 1, 2 and 3 only2. 2, 3 and 4 only3. 1, 3 and 4 only4. 1, 2 and 4 only
Answer» Correct Answer - Option 3 : 1, 3 and 4 only The correct answer is 1, 3, and 4 only. Emergency Provisions are incorporated to safeguard the sovereignty, unity, integrity, and security of the country, the democratic and political system, and the Constitution. Imposed in 1962, 1971, and 1975. Hence, Statement 2 is incorrect. Inspired by the Weimar Constitution of Germany. It converts the federal structure into a unitary one without an amendment of the constitution. It can be classified into National Emergency (A 352 to 354, 358 and 359) State Emergency (A 355 to 357, 365) Financial Emergency (A 360) National Emergency: If the President is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether, by war or external aggression or armed rebellion [44th amendment in place of internal disturbances], he may, by Proclamation, made a declaration to that effect in respect of the whole of India or of such part of the territory [42nd amendment] thereof as may be specified in the Proclamation. It can be made before the actual occurrence of war or any such aggression or rebellion if the President is satisfied that there is imminent danger thereof. [44th amendment] Hence, Statement 1 is correct. A Proclamation issued may be varied or revoked by a subsequent proclamation. President can only issue such a declaration after receiving a decision from Union Cabinet in writing. Hence, Statement 3 is correct. It can be passed again and again. [unlimited times] Article 19 is automatically suspended when the National Emergency is imposed in case of the proclamation on the ground of war or external aggression. Hence, Statement 4 is correct. The President may by order declare that the right to move any court for the enforcement of Fundamental Rights (except Article 20 and 21)[44th amendment] and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

Which of the following statements is/are correct about National Emergency?1. It can be imposed before the actual occurrence of war or any such aggression or rebellion if the President is satisfied that there is imminent danger thereof.2. It is imposed four times.3. President can only issue such a declaration after receiving a decision from Union Cabinet in writing.4. Article 19 is automatically suspended when the National Emergency is imposed in case of the proclamation on the ground of war or external aggression.1. 1, 2 and 3 only2. 2, 3 and 4 only3. 1, 3 and 4 only4. 1, 2 and 4 only

Answer» Correct Answer - Option 3 : 1, 3 and 4 only

The correct answer is 1, 3, and 4 only.

Emergency Provisions are incorporated to safeguard the sovereignty, unity, integrity, and security of the country, the democratic and political system, and the Constitution.
Imposed in 1962, 1971, and 1975. Hence, Statement 2 is incorrect.
Inspired by the Weimar Constitution of Germany.
It converts the federal structure into a unitary one without an amendment of the constitution.
It can be classified into

National Emergency (A 352 to 354, 358 and 359)
State Emergency (A 355 to 357, 365)
Financial Emergency (A 360)

National Emergency:

If the President is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether, by war or external aggression or armed rebellion [44th amendment in place of internal disturbances], he may, by Proclamation, made a declaration to that effect in respect of the whole of India or of such part of the territory [42nd amendment] thereof as may be specified in the Proclamation.
It can be made before the actual occurrence of war or any such aggression or rebellion if the President is satisfied that there is imminent danger thereof. [44th amendment] Hence, Statement 1 is correct.
A Proclamation issued may be varied or revoked by a subsequent proclamation.
President can only issue such a declaration after receiving a decision from Union Cabinet in writing. Hence, Statement 3 is correct.
It can be passed again and again. [unlimited times]
Article 19 is automatically suspended when the National Emergency is imposed in case of the proclamation on the ground of war or external aggression. Hence, Statement 4 is correct.
The President may by order declare that the right to move any court for the enforcement of Fundamental Rights (except Article 20 and 21)[44th amendment] and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

Discussion

No Comment Found

Related InterviewSolutions

Reply to Comment