CAPF AC 2023 Q6: Indian Polity – Emergency Provisions

CAPF AC 2023, Paper I (General Ability and Intelligence) · Indian Polity

Which of the following statements about National Emergency is/are correct? 1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external aggression or armed rebellion. 2. The Government of India acquires power to give directions to a State on any matter. 3. The Proclamation of Emergency does not suspend the State legislature. 4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of Parliament. Select the correct answer using the code given below:

(a) 1 only
(b) 1 and 2 only
(c) 1, 2 and 3 only
(d) 2, 3 and 4 only

Answer: (c) 1, 2 and 3 only

Explanation

National Emergency (Article 352)

How to think: test each statement against Articles 352 and 353.

Then use the options: no option offers all four, so one statement must be treated as wrong.

Statement	Verdict	Basis
1. Only on the ground of war, external aggression or armed rebellion	Correct	Article 352(1); armed rebellion replaced internal disturbance by the 44th Amendment
2. The Union can give directions to a State on any matter	Correct	Article 353(a)
3. The State legislature is not suspended	Correct	State governments keep working, under Union control; Parliament can also make laws on State subjects
4. It continues for six months at a time only if approved by resolutions of both Houses	Taken as not correct	The statement is incomplete: approval must first come within one month, and each resolution needs a special majority

The full rule: the proclamation must be approved by both Houses within one month.

Once approved it lasts six months and can be extended six months at a time, with no upper limit.

The Lok Sabha can end it by a simple majority resolution.

Answer: (c) 1, 2 and 3 only.

Why each option is right or wrong

(a) Incorrect. Statements 2 and 3 are also true.
(b) Incorrect. Statement 3 is also true; the State legislature keeps functioning.
(c) CORRECT. Statements 1, 2 and 3 are accepted as true.
(d) Incorrect. It leaves out statement 1, the basic ground for an Emergency.

Key point

Article 352: war, external aggression, armed rebellion; written advice of the Cabinet; approval by both Houses within one month by special majority; six months at a time, no maximum. Article 353: Union directions to States, Parliament may legislate on the State List. Proclaimed three times: 1962, 1971, 1975.

Remember

Emergency: one month to approve, special majority, six months at a time.

Common mistakes

Thinking a National Emergency dissolves State governments as President's Rule does.
Using the old ground internal disturbance, removed in 1978.
Forgetting the one-month approval and the special majority.

Exam tip

Educated guess: statement 1 is the heart of Article 352, so (d) is out. No option has all four, so statement 4 is the one the examiner rejects; that leaves the choice between (b) and (c), and State legislatures clearly survive an Emergency.

Sources

Constitution of India — Articles 352 and 353; the Constitution (Forty-fourth Amendment) Act, 1978
D. D. Basu, Introduction to the Constitution of India — Emergency Provisions

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