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Question

On what grounds, the President can declare a national emergency under Art. 352?
1. External Agression
2. Internal Disturbance
3. Armed rebellion

Options:

A
a) 1 and 2 only
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B
b) 2 and 3 only
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C
c) 1 and 3 only
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D
d) All of the above
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Solution

The correct option is C c) 1 and 3 only

Answer : C
Originally, the Constitution mentioned ‘internal disturbance’ as the third ground for the proclamation of a National Emergency, but the expression was too vague and had a wider connotation. Hence, the 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’ as was done in 1975 by the Congress government headed by Indira Gandhi.

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