What is duration of National emergency?
Q. National emergency remains in operation with approval of the Parliament for -- Published on 27 Feb 17a. Maximum period of four months
b. Maximum one year
c. Maximum period of six months
d. Indefinite period
ANSWER: Maximum period of six months
Parliamentary Approval and Duration -
- The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue.
- Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978.
- 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.
- If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.
- This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978.
- Before that, the emergency, once approved by the Parliament, could remain in operation as long as the Executive (cabinet) desired.
- However, if the dissolution of the Lok Sabha takes place during the period of six months without approving the further continuance of Emergency, 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 mean-time approved its continuation.
Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is,
(a) a majority of the total membership of that house, and
(b) a majority of not less than two-thirds of the members of that house present and voting.
- This special majority provision was introduced by the 44th Amendment Act of 1978.
- Previously, such resolution could be passed by a simple majority of the Parliament.
Revocation of Emergency Proclamation -
- A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation.
- Such a proclamation does not require the parliamentary approval.
- Further, the President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation.
- Again, this safeguard was introduced by the 44th Amendment Act of 1978.
- Before the amendment, a proclamation could be revoked by the president on his own and the Lok Sabha had no control in this regard.
- The 44th Amendment Act of 1978 also provided that, where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or to the president if the House is not in session), a special sitting of the House should be held within 14 days for the purpose of considering are solution disapproving the continuation of the proclamation.
A resolution of disapproval is different from a resolution approving the continuation of a proclamation in the following two respects -
(a) The first one is required to be passed by the Lok Sabha only, while the second one needs to be passed by the both Houses of Parliament.
(b) The first one is to be adopted by a simple majority only, while the second one needs to be adopted by a special majority.
