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Consider the following statements:
1.During National Emergency, state legislature is suspended and all the legislative power rests with the Union.
2.Through the 44th constitutional Amendment, state emergency was made immune from judicial review.
3.There has been no occasion of financial emergency in India till date.
Which of the statements given above is/are not correct?
1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3
The statement "During National Emergency, state legislature is suspended and all the legislative power rests with the Union" is not entirely correct. While it's true that during a National Emergency, the President can assume certain powers over the state, including the power to give directions to the states, the state legislature is not necessarily suspended. It may be dissolved if the President gives such directions, but suspension of the state legislature is not automatic during a National Emergency.
The statement "Through the 44th constitutional Amendment, state emergency was made immune from judicial review" is incorrect. There is no provision in the Constitution that grants immunity from judicial review to any emergency, including a state emergency. Judicial review remains an essential aspect of the Indian Constitution to ensure the adherence to constitutional principles and rights.
The statement "There has been no occasion of financial emergency in India till date" is correct. India has not declared a financial emergency since the adoption of the Constitution in 1950. However, financial emergency provisions exist in the Constitution under Article 360, which allows the President to proclaim a financial emergency if he/she is satisfied that the financial stability or credit of India or any part of its territory is threatened.
Therefore, the correct statements are 1 and 2 only.
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