Previous Year Question
Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R).
Assertion (A): Article 352 of the Indian Constitution deals with the declaration of an emergency.
Reason (R): An emergency may take place at any time.
Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(A) is false, but (R) is true.
Both (A) and (R) are true and (R) is the correct explanation of (A).
(A) is true, but (R) is false.
Correct Answer: D
Detailed Solution
Part XVIII of the Indian Constitution contains Emergency Provisions. Article 352 deals with the Proclamation of National Emergency.
Assertion (A) is correct.
According to Article 352(1), if the President is satisfied that the security of India or any part of its territory is gravely threatened by war, external aggression or armed rebellion, a National Emergency may be proclaimed.
Article 352 specifies three constitutional grounds for proclaiming a National Emergency—war, external aggression and armed rebellion.
The 44th Constitutional Amendment Act, 1978, replaced the expression 'internal disturbance' with 'armed rebellion' in Article 352.
Explanation of Reason (R)
In the commonly reported answer, Reason (R) is treated as incorrect. This interpretation assumes that a National Emergency cannot be proclaimed at any arbitrary time without the prescribed constitutional grounds.
However, an important distinction must be understood.
According to Article 352, a National Emergency may be proclaimed even before the actual occurrence of war, external aggression or armed rebellion if the President is satisfied that an imminent danger exists.
Additionally, according to Article 352(3), the President cannot issue a Proclamation of National Emergency unless the decision of the Union Cabinet has been communicated to the President in writing.
Therefore, the prescribed constitutional conditions must be fulfilled for the Proclamation of National Emergency.
Important clarification: The wording of Reason (R) is ambiguous. The occurrence of an emergency situation and the constitutional proclamation of a National Emergency are different matters. The question does not clearly distinguish between them. Therefore, option (d) is retained as the reference answer.