Which one is not correct about the Emergency Provisions?

Correct option is D

The correct answer is D because the term "Armed rebellion" was not inserted into the Constitution by the 42nd Amendment but by the 44th Constitution Amendment Act in 1978. This amendment replaced the term "internal disturbance" with "armed rebellion" in Article 352, narrowing the grounds on which a National Emergency could be declared.

Key Points:

• Article 352: Allows the President to declare a National Emergency when the security of India or a part of it is threatened by war, external aggression, or armed rebellion. Such a declaration can only be made on the written advice of the Union Cabinet headed by the Prime Minister.

• Types of National Emergency:

  • External Emergency: Declared on the grounds of war or external aggression.
  • Internal Emergency: Declared on the grounds of armed rebellion.

• Article 356 (President's Rule): President's Rule can be imposed on a state due to the failure of constitutional machinery. It can last for 6 months and can be extended every 6 months with parliamentary approval, up to a maximum of 3 years.

• President's Rule in Rajasthan: Has been imposed 4 times, due to various political reasons, including the inability of the government to prove a majority in the Assembly.

Information Booster:

• 42nd Amendment: Passed during the Emergency of 1975-77, it was one of the most controversial amendments, centralizing power and curtailing judicial review, but it did not introduce "armed rebellion."

• 44th Amendment: Enacted to restore checks and balances, it replaced "internal disturbance" with "armed rebellion" and introduced safeguards to prevent the misuse of emergency provisions.

• Impact of 44th Amendment: Strengthened democratic principles by making it harder to declare a National Emergency and ensuring that the declaration is based on a significant threat to national security.