Under whose advice can the President of India declare Emergency under Article 352?
- (a)Chief Ministers of all States
- (b)Prime Minister
- (c)Union Cabinet
- (d)Council of Ministers
Correct — C, Union Cabinet. Under Article 352(3), inserted by the 44th Constitutional Amendment Act, 1978, the President cannot proclaim a National Emergency unless the decision of the Union Cabinet — that is, the ministers of Cabinet rank appointed under Article 75 — has been communicated to him in writing.
- (a)Chief Ministers of all States — States' Chief Ministers have no constitutional role in advising the President on a National Emergency proclamation — this is a Union Cabinet function.
- (b)Prime Minister — The classic trap: the 1975 Emergency was proclaimed on the Prime Minister's advice alone. The 44th Amendment specifically added the requirement of a written CABINET decision to prevent a repeat of this.
- (d)Council of Ministers — Close but imprecise — Article 352(3) specifically names the 'Union Cabinet' (ministers of Cabinet rank), a narrower body than the full Council of Ministers, which also includes Ministers of State.
Article 352 empowers the President to proclaim a National Emergency if satisfied that India's security is threatened by war, external aggression, or armed rebellion. Since the 44th Amendment Act, 1978 inserted clause (3), the President may issue such a proclamation only after the decision of the Union Cabinet has been communicated to him in writing — a Cabinet decision, not the advice of the Prime Minister alone or of the wider Council of Ministers.
This safeguard followed the widely criticised 1975-77 Emergency, which was proclaimed on the Prime Minister's advice without a full Cabinet decision. MPPSC/UPSC test whether students know the constitutionally exact body — the Union Cabinet — is required, rather than the PM alone or the broader Council of Ministers.
- Article 352(3), added by the 44th Amendment Act, 1978, requires the President to act only on the WRITTEN recommendation of the Union Cabinet.
- The Constitution defines this 'Cabinet' as ministers of Cabinet rank under Article 75 — narrower than the full Council of Ministers.
- This safeguard followed the 1975-77 Emergency, which had been proclaimed on the Prime Minister's advice without a Cabinet decision.
- A Proclamation of Emergency must be approved by both Houses of Parliament by special majority within one month of issue.
The 44th Amendment Act, 1978 inserted this Cabinet-decision safeguard after the 1975-77 Emergency, which had been proclaimed on the Prime Minister's advice alone.
- Assuming the Prime Minister alone can advise the President to proclaim Emergency (true only before the 44th Amendment, in practice)
- Confusing 'Union Cabinet' with the full 'Council of Ministers'
MPPSC/UPSC frequently test who must recommend an Emergency proclamation, and the safeguards the 44th Amendment added after the 1975-77 Emergency.
No directly related past PYQ was found.
- practice — not a real PYQ
The requirement that the President act only on the WRITTEN recommendation of the Union Cabinet before proclaiming a National Emergency under Article 352 was introduced by the:
- (a)42nd Amendment Act, 1976
- (b)44th Amendment Act, 1978
- (c)24th Amendment Act, 1971
- (d)52nd Amendment Act, 1985
Answer(b) 44th Amendment Act, 1978.
- practice — not a real PYQ
A Proclamation of Emergency under Article 352 must be approved by both Houses of Parliament within:
- (a)One month
- (b)Two months
- (c)Six months
- (d)One year
Answer(a) One month — reduced from two months by the 44th Amendment Act, 1978.