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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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