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Q96 (CDS-II/2016) Polity & Governance › Federalism & Emergency Provisions › Centre-state relations Answer Verified

Under Article 352 of the Constitution of India, an emergency can be declared if security of any part of India is threatened by 1. war 2. external aggression 3. armed rebellion 4. internal disturbance Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: A
Explanation

Under Article 352 of the Constitution of India, the President can proclaim a National Emergency if the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion [3]. Originally, the Constitution included 'internal disturbance' as a ground for emergency. However, following the misuse of this vague term during the 1975-1977 emergency, the 44th Constitutional Amendment Act of 1978 replaced 'internal disturbance' with the more specific term 'armed rebellion' [1]. Consequently, 'internal disturbance' is no longer a valid ground for declaring a National Emergency under Article 352 [2]. Therefore, the current valid grounds are war, external aggression, and armed rebellion, making statements 1, 2, and 3 correct while statement 4 is incorrect.

Sources

  1. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 415
  2. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 173
  3. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 174
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