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Which of the following statement is correct with regard to Proclamation of Emergency?
1. Resolution approving and disapproving the proclamation of emergency is to be passed by either house of parliament by a special majority.
2. Resolution approving and disapproving the proclamation of emergency is to be passed by either house of parliament by a simple majority.
3. Resolution disapproving the proclamation of emergency is to be passed by either house of parliament by a simple majority.
Select the correct statements using the codes given below:
1 and 2
2 only
1,2 and 3
none of these
1st, 2nd and 3rd statements are incorrect. 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. 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.
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