Question

Q. Which of the following could be the consequences of proclamation of National Emergency?

Select the correct answer using the codes given below

• A.
  1 and 3 only
• B.
  2 and 3 only
• C.
  1 and 4 only
• D.
  2 and 4 only

Answer 1

The correct option is C

1 and 4 only
Explanation:

Statement 1 is correct: The 44th Amendment Act of 1978 deleted the provision that was enacted by 38th Amendment Act of 1975 by which the declaration of a National Emergency was immune from judicial review. Further, in the Minerva Mills case of 1980, the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.

Statement 2 is incorrect: By the virtue of the 44th Amendment Act of 1978 both the Parliament houses must approve the proclamation within 1 month from the date of its issue.
However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

Statement 3 is incorrect: During a national emergency the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.

Statement 4 is correct: During a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter. Thus, the state governments are brought under the complete control of the Centre, though they are not suspended.