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Consider the following statements regarding National Emergency and President's Rule:
1. There is no maximum period prescribed for the operation of National Emergency, whereas, for President's rule, it can be in operation for 3 years maximum.
2. Resolution for their continuance must be passed by a special majority.
3. Lok Sabha can pass a resolution for their revocation.
Which of the statements given above is/are correct?
1 and 2 only
1 only
All of the above
None of the above
First statement is correct. Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
Second statement is incorrect. The resolution for proclamation of national 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. However for President's rule approval is through simple majority only Third statement is incorrect. A proclamation of state emergency can be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval and Lok Sabha cannot pass a resolution for its revocation.
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