Question 161
How many types of emergencies are provided in the Constitution?
- AOption (a)
2
- BOption (b)
3
- COption (c)
4
- DOption (d)
5
View answer & explanationHide answer & explanation
Correct answer
3
Why this answer is correct
The correct answer is 3.
Key Points
- National Emergency (Article 352): This is proclaimed by the President of India when the security of the country or any part thereof is threatened by war, external aggression, or armed rebellion. It requires the written recommendation of the Union Cabinet and must be approved by Parliament within one month by a special majority.
- State Emergency or President’s Rule (Article 356): This is imposed when the President, on receipt of a report from the Governor or otherwise, is satisfied that the state government cannot be carried on in accordance with the Constitution. It is also known as Constitutional Emergency and must be approved by Parliament within two months by a simple majority.
- Financial Emergency (Article 360): The President can declare this if the financial stability or credit of India is threatened. While this provision exists to protect the national economy, it has never been invoked in the history of independent India, not even during the economic crisis of 1991.
Additional Information
- Part XVIII of the Constitution:
- This part contains Articles 352 to 360, which outline the emergency provisions designed to safeguard the sovereignty, unity, and integrity of the nation.
- The 44th Amendment Act (1978) introduced significant safeguards, such as replacing the term 'internal disturbance' with 'armed rebellion' for National Emergencies.
- During a National Emergency, the Fundamental Rights under Article 19 are automatically suspended, and the President can suspend the right to move any court for the enforcement of other rights, except Articles 20 and 21.
- Under Article 356, the President assumes the functions of the State Government, and the powers of the State Legislature are exercised by or under the authority of Parliament.
- The 38th Amendment Act (1975) made the declaration of emergency non-justiciable, but this was subsequently reversed by the 44th Amendment Act, allowing for judicial review.