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Difficulty: HardFederal System, Centre-State Relations, and Emergency Provisions

Which of the following procedural and operational provisions correctly distinguish a Proclamation of National Emergency (Article 352) from President's Rule (Article 356) under the Constitution of India?

  1. A Proclamation of National Emergency must be approved by both Houses of Parliament within one month from its issue, whereas President's Rule must be approved within two months.Answer
  2. A resolution approving a Proclamation of National Emergency requires a special majority in both Houses of Parliament, whereas President's Rule requires a simple majority.Answer
  3. C
    Revocation of National Emergency by the President requires prior approval by a simple majority in Lok Sabha, whereas revocation of President's Rule requires a special parliamentary majority.
  4. D
    During a National Emergency, the State Council of Ministers is dismissed, whereas under President's Rule, the State Executive remains fully functional under federal supervision.

Answer

The correct statements are that National Emergency requires parliamentary approval within one month whereas President's Rule allows two months, and that National Emergency approval demands a special majority while President's Rule requires only a simple majority.
The statements highlighting the approval timeframe (one month for National Emergency vs two months for President's Rule) and majority requirements (special majority for National Emergency vs simple majority for President's Rule) are constitutionally accurate according to the modifications introduced by the 44th Constitutional Amendment Act, 1978.

Step-by-Step Solution

1
Analyze timeframes for parliamentary approval for Articles 352 and 356.
National Emergency requires approval within 1 month (44th Amendment Act, 1978), while President's Rule requires approval within 2 months.
Constitutional provisions under Article 352(4) and Article 356(3) specify distinct statutory deadlines for initial legislative ratification.
2
Evaluate the majority requirements for parliamentary ratification.
National Emergency requires a special majority in each House of Parliament, while President's Rule requires only a simple majority.
The 44th Amendment Act introduced the special majority requirement for National Emergency to prevent misuse, whereas President's Rule follows standard simple majority approval.
3
Examine revocation procedures and executive impacts on State Government.
Revocation of either emergency by the President does not require prior parliamentary approval. Furthermore, State Executive is dismissed under President's Rule, but remains active (though subject to central direction) during National Emergency.
Confusing the status of the state ministry or the procedure for revoking emergency proclamations violates procedural rules under Articles 352 and 356.

Key Concept

Procedural and Operational Differences between National Emergency (Article 352) and President's Rule (Article 356)
Estimated Time:2m 0s
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Topics

Federal System, Centre-State Relations, and Emergency Provisions

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