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Zorluk: OrtaFederal System, Centre-State Relations, and Emergency Provisions

With reference to the parliamentary control and revocation mechanism of a National Emergency under Article 352 of the Constitution of India, which of the following statements are correct?

  1. The President can revoke a Proclamation of National Emergency at any time by a subsequent proclamation without requiring parliamentary approval.Cevap
  2. A resolution disapproving the continuation of a National Emergency requires approval only by the Lok Sabha by a simple majority.Cevap
  3. C
    During a National Emergency, the President can issue ordinances on State List subjects only while Parliament is in active session.
  4. D
    During a National Emergency proclaimed under Article 352, the legislative assemblies of all States are automatically dissolved and their powers transferred under the Seventh Schedule.

Cevap

The correct statements are that the President can revoke a National Emergency proclamation at any time without parliamentary approval, and that a resolution disapproving its continuation requires approval only by the Lok Sabha by a simple majority.
The statement regarding revocation without parliamentary approval is correct under Article 352. Additionally, the statement that disapproval requires a simple majority in Lok Sabha alone is correct as per the safeguards introduced by the 44th Constitutional Amendment Act, 1978.

Adım Adım Çözüm

1
Analyze the revocation powers of the President under Article 352
Confirm that the revocation of a National Emergency is at the discretion of the President and requires no parliamentary ratification.
Article 352(7) explicitly empowers the President to revoke a proclamation by a subsequent proclamation without Parliamentary approval.
2
Analyze the procedure for parliamentary disapproval of National Emergency
Confirm that disapproving continuation requires a simple majority in Lok Sabha only.
The 44th Amendment Act (1978) established that if Lok Sabha passes a resolution disapproving continuation by simple majority, the President must revoke the proclamation.
3
Evaluate ordinance-making and state assembly status during Article 352
Identify that ordinances are issued when Parliament is not in session, and state assemblies are not dissolved under Article 352.
Presidential ordinances under Article 123 require Parliament to be out of session, and state legislative power becomes concurrent rather than suspended/dissolved during National Emergency.

Anahtar Kavram

Parliamentary control and executive powers during National Emergency (Article 352)
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Konular

Federal System, Centre-State Relations, and Emergency Provisions

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