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Which of the following statements is/are correct?
1. National emergency can be declared only once war has started.
2. National emergency is proclaimed for whole of the country.
3. 44th constitutional amendment replaced word ‘internal disturbance’ with ‘armed rebellion’ in article 352.
Select the correct answer using the codes given below:
Only 3
Only 1 and 2
Only 1
Only 2 and 3
1st statement is incorrect. National Emergency can be declared on three grounds: War/ External aggression/ Armed rebellion (it used to be 'internal disturbances' before it was amended by 44th Constitutional Amendment Act, 1978). 2nd statement is incorrect. President can issue different proclamations at the same time i.e. if he has issued proclamation for Maharashtra State of national emergency on the ground of armed rebellion in Maharashtra, He can at the same time also issue proclamation of national emergency on the ground of external aggression in Gujarat. In short, he can issue different proclamation of National emergency for different part of the country at the same time. (this provision was added by the 38th Constitutional Amendment Act, 1975. 2nd statement is incorrect because national emergency can be limited to any part of India. (This provision was added by 42nd Constitutional Amendment Act, 1976).
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