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    Under which Article of the Constitution of India is the President of India empowered to issue a “Proclamation of Emergency”?
    Question

    Under which Article of the Constitution of India is the President of India empowered to issue a “Proclamation of Emergency”?


    A.

    Article 352


    B.

    Article 370


    C.

    Article 315


    D.

    Article 356

    Correct option is A

    The correct answer is (A)  ​Article 352

    • ​Under Article 352 of the Indian Constitution, the President of India can declare a National Emergency.
    • This article falls under Part XVIII of the Constitution, which deals with emergency provisions.​
    • The President can declare a National Emergency if they believe that India's security is at risk due to: War, External aggression, Armed rebellion.
    • The Proclamation must be presented to both Houses of Parliament.
    • If not approved by Parliament within one month, it will automatically cease.
    • To continue, the Proclamation must be passed by a Special Majority, requiring:
      • At least 50% of the total membership of the House.
      • At least two-thirds of the members present and voting.
    • If the emergency is declared due to war or external aggression, it is known as an External Emergency.
    • If it is due to armed rebellion, it is referred to as an Internal Emergency.

    Information booster:

    Article 370

    Article 370 provided special autonomy to the state of Jammu and Kashmir under Part XXI of the Constitution.

    • The state had its own Constitution and decision-making powers except in areas like defense, foreign affairs, and communications.
    • Indian laws could only apply to Jammu and Kashmir with the concurrence of the state government.
    • On August 5, 2019, the special status under Article 370 was abrogated by a Presidential Order, making Jammu and Kashmir a Union Territory.

    ​Article 315

    Article 315 establishes Public Service Commissions for the Union and individual states.

    • Union Public Service Commission (UPSC): Responsible for recruitment to central government services.
    • State Public Service Commissions (SPSCs): Handle recruitment for state government services.

    ​Article 356

    Article 356 allows the President of India to impose President's Rule in a state if:

    • The state government cannot function according to the provisions of the Constitution.
    • This usually occurs due to political instability or the breakdown of law and order.




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