if you want to remove an article from website contact us from top.

    the president can proclaim an emergency on the written advice of the

    Mohammed

    Guys, does anyone know the answer?

    get the president can proclaim an emergency on the written advice of the from screen.

    The President can proclaim emergency on the written advice of the .

    Click here👆to get an answer to your question ✍️ The President can proclaim emergency on the written advice of the .

    Question

    The President can proclaim emergency on the written advice of the __________.

    A

    Prime Minister

    B

    Speaker of the Lok Sabha

    C

    Union Cabinet

    D

    Speaker of the Rajya Sabha

    Medium Open in App Solution Verified by Toppr

    Correct option is C)

    Under Article 352 of the Constitution of India President can declare National Emergency on the ground of war, external aggression or armed rebellion.

    The Proclamation of the Emergency must be approved by both the Houses of Parliament within one month of its issue. Once approved it continues for six months and can be extended after every six months for an indefinite period.

    The President can proclaim emergency only after receiving a written recommendation from the Prime Minister and his Cabinet in this regard.

    Hence, C is the correct option.

    Was this answer helpful?

    8 0

    स्रोत : www.toppr.com

    States of emergency in India

    States of emergency in India

    From Wikipedia, the free encyclopedia

    Jump to navigation Jump to search

    This article is about general information on emergencies in India. For the 1975–1977 emergency, see The Emergency (India).

    Part of a series on the

    Constitution of India

    Preamble

    show Parts show Schedules show Appendices show Amendments show Related topics vte

    This article may need to be rewritten to comply with Wikipedia's quality standards, as it lacks references and reads unencyclopaedic. You can help. The talk page may contain suggestions.

    A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when the consultant group perceives and warns against grave threats to the nation from internal and external sources or from financial situations of crisis. Under Article 352 of the Indian constitution, upon the advice of the cabinet of ministers, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the federation. In the history of independent India, such a state of emergency has been declared three times.

    The first instance was between 26 October 1962 to 10 January 1968 during the India-China war, when "the security of India" was declared as being "threatened by external aggression".[1]

    The second instance was between 3 and 17 December 1971, which was originally proclaimed during the Indo-Pakistan war.

    The third proclamation between 25 June 1975 to 21 March 1977 was under controversial circumstances of political instability under Indira Gandhi's premiership, when emergency was declared on the basis of "internal disturbances". The proclamation immediately followed a ruling in the Allahabad High Court, that voided the Prime Minister's election from Rae Bareli in the 1971 Indian general election. She was also prohibited from contesting election for next 6 years, challenging her legitimacy to continue in her post. Indira Gandhi, instead recommended to the then president Fakhruddin Ali Ahmed to proclaim a state of emergency to strengthen her hand.

    The phrase used loosely, when referring to the political history of India, often refers to this third and the most controversial of the three occasions.

    In 1978, the Forty-fourth Amendment of the Constitution of India, substituted the words "internal disturbance" for "armed rebellion" in Article 352, making the term more specific and less subject to interpretations.[1]

    The President can declare three types of emergencies — national, state and financial emergency in a state.

    National emergency under Article 352[edit]

    Originally at the beginning, a National emergency could be declared on the basis of "external aggression or war" and "internal disturbance" in the whole of India or a part of its territory under Article 352. Such an emergency was declared in India in the 1962 war (China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Fakhruddin Ali Ahmed ).[2] But after the 44th amendment act 1978, National Emergency can only be declared on grounds of "External aggression or war", also called as External Emergency & on the ground of "armed rebellion", also called as Internal Emergency. The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister. Such a proclamation must be laid before both houses of Parliament and the state of emergency expires after one month unless approved within that time by both houses sitting and voting separately. However, if the Lok Sabha (the lower house) has been dissolved or dissolution takes place in the state of emergency, and the Rajya Sabha approves of the state of emergency, the deadline for the Lok Sabha is extended until thirty days after that house reconstituted. According to Article 352(6),[3] approval by either house requires a special majority: those in favour of the motion must be two-thirds of those present and voting, and amount to a majority of the entire membership of that house. A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments.

    During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. In January 1977, during the emergency declared controversially by Indira Gandhi, the government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas corpus. Justice Hans Raj Khanna defended the Right to Life and asked: "Life is also mentioned in Article 21 and would Government argument extend to it also?". The Attorney General observed: "Even if life was taken away illegally, courts are helpless".[4]

    A national emergency modifies the federal system of government to a unitary one by granting Parliament the power to make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all state money bills are referred to the Parliament for its approval.

    स्रोत : en.wikipedia.org

    [Solved] The President can proclaim emergency on the written advice o

    The correct anser is Union Cabinet. Key Points The President can an emergency only on the basis of a written request by the Cabinet headed by the Prime

    Home Political Science Indian Constitution Executive President

    Question

    Download Solution PDF

    The President can proclaim emergency on the written advice of the _______.

    This question was previously asked in

    WBCS Mains 2021 (Held On May 2022) Official Paper-V

    Download PDF Attempt Online

    View all WBPSC WBCS Papers >

    Speaker of Lok Sabha

    Prime Minister

    Chief Justice of India

    Union Cabinet

    Answer (Detailed Solution Below)

    Option 4 : Union Cabinet

    Crack with

    India's Super Teachers

    FREE

    Demo Classes Available*

    Explore Supercoaching For FREE

    Free Tests

    View all Free tests >

    FREE

    WBCS Exe. Prelims 2021 Official Paper

    5.7 K Users

    200 Questions 200 Marks 150 Mins

    Start Now

    Detailed Solution

    Download Solution PDF

    The correct anser is Union Cabinet.

    Key Points

    The President can an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister.

    National Emergency

    It can be declared on the basis of war, external aggression, or armed rebellion.

    The President of India proclaims a national emergency on the written advice from the Cabinet.

    The proclamation of emergency must be passed from both houses of parliament within one month from the date of its proclamation.

    If it is approved by both houses, the Emergency continues for 6 months and can be extended for an indefinite period with an approval of Parliament every 6 months.

    It is revoked by President at any time by another proclamation. This proclamation does not require Parliament's approval.

    According to Article 358, when there is a proclamation of National Emergency, fundamental rights under article19 are automatically suspended.

    Additional InformationSpeaker of Lok Sabha:

    In the Lok Sabha, the speaker and even the deputy speaker are elected from among its members by a majority of members' presence and voting in the house.

    There are no specific qualifications for being elected as the speaker.

    The constitution says that the speaker should be a member of the house.​

    The speaker is elected by the Lok Sabha from amongst its members.

    The date of the election of the speaker is fixed by the President.

    Whenever the office of the speaker falls vacant, the Lok Sabha elects another member to fill the vacancy.

    Prime Minister:

    Prime Minister is the real executive authority (de facto executive) in India.

    The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.

    Article 75 says only that the Prime Minister shall be appointed by the president.

    In accordance with the conventions of the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.

    Chief Justice of India:

    The appointment of acting Chief Justice is to be made by the President under Article 126 of the Constitution.

    Vacancy in the office of the Chief Justice must be filled whatever the period of vacancy.

    Article 126 – Appointment of acting Chief justice. 

    As of August 2022, Justice Uday Umesh Lalit is the 49th Chief Justice of India.

    Role of Chief Justice of India

    The Chief Justice is responsible for the allocation of work to other judges.

    The Chief Justice administers the oath of office to the President In the absence of the President and the Vice-President, the Chief Justice sits as the Acting President of India

    The Chief Justice is the ex-officio Chancellor of most autonomous law schools in India.

    Eligibility

    The individual must be a citizen of India.

    The person must not exceed 65 years of age.

    In order to be eligible to be Chief Justice of India, the person must serve as a judge at High Court for at least five years or the person should be an advocate in the High court or the Supreme court for at least 10 years or a distinguished jurist.

    Download Solution PDF

    Share on Whatsapp

    Latest WBPSC WBCS Updates

    Last updated on Oct 25, 2022

    The West Bengal Public Service Commission (WBPSC) has released the list of selected candidates for the WBCS (West Bengal Civil Service) 2020 Personality Test. The WBCS Exam is conducted for recruitment to various posts under the West Bengal Government. WBCS is one of the most coveted jobs in the state of West Bengal. The selection process comprises a Prelims Exam, Main Exam, and Interview. Now the selected candidates in prelims should focus on the main exam and chalk out a proper plan using WBCS preparation tips to clear the exam.

    India’s #1 Learning Platform

    Start Complete Exam Preparation

    Daily Live MasterClasses

    Practice Question Bank

    स्रोत : testbook.com

    Do you want to see answer or more ?
    Mohammed 5 day ago
    4

    Guys, does anyone know the answer?

    Click For Answer