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Which among the following was not a change introduced in the National Emergency provisions by the 44th Amendment Act of 1978?
The President can issue another proclamation of emergency even if emergency is already in operation.
The President can proclaim National Emergency only after receiving a written recommendation of the Cabinet.
The continuation of emergency has to be approved by Parliament every six months.
Every resolution approving the proclamation of emergency or its continuance must be passed by either house of Parliament by a special majority.
First option is correct regarding the question statement. The President can also issue different proclamations on grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not there is a proclamation already issued by him and such proclamation is in operation. This provision was added by the 38th Amendment Act of 1975. Article 352 was amended with the following changes by 44th amendment: The ground of “internal disturbance” was substituted by the ground of “armed rebellion”.Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation. A provision was included stating that the President will not issue a Proclamation of Emergency unless the decision of the Union Cabinet that such a Proclamation may be issued has to be communicated to him in writing. Proclamation of Emergency has to be approved within a period of one month (instead of two months) by resolutions of both Houses of Parliament and has to be passed by a majority of the total membership of each house and by a majority of not less than two-thirds of the members present and voting in each House instead of a simple majority. For continuance of the Proclamation of Emergency, approval by resolutions of both Houses will be required every six months. Proclamation of Emergency will be revoked whenever the House of the People passes a resolution by a simple majority disapproving its continuance. Ten per cent or more of the Members of Lok Sabha can request a special meeting for considering a resolution for disapproving the Proclamation.
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