Practice Test Discussion

Q)

Consider the following statements regarding the declaration of Emergency in India :

  1. During Emergency, the Parliament can make laws on the subjects mentioned in the State List.
  2. The Fundamental Rights except the right to Constitutional Remedies are denied to the citizens.
  3. In an Emergency, the normal federal system is modified and the country is governed as if it was a unitary state.
  4. The declaration of Emergency by the President does not need the approval of the Parliament.

Which of these statements are correct?

[ESE, 2001]

    • Explanation

    During Emergency, the Parliament is empowered to make laws on the subjects mentioned in the State List. Also during an Emergency, the normal federal system is modified and the country is governed as if it was a unitary state.

    The Fundamental Rights under Article 20 and 21 cannot be suspended as per the 44th Amendment Act. While the declaration of Emergency by the President requires approval of both the bouses of the Parliament.

    Hence option C is correct.

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    Emergency Provisions in India

     

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