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Consider the following statements with regard to Parliamentary Approval of the proclamation of Constitutional Emergency:
1) Once the President proclaims the Constitutional Emergency, it must be approved by both the Houses of Parliament within one month from the date of its issue.
2) However, if the proclamation of the Constitutional Emergency is issued at a time when the LS has been dissolved or the dissolution of the LS takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
Which of the statements given above is/are correct?
1 only
2 only
Both
None
An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’. It is also known by two other names—‘State Emergency’ or ‘Constitutional Emergency’. A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. However, if the proclamation of President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean time. *Note: When it is regard to proclamation of National Emergency, then the given statements will be correct (i.e. approval by 1 month).
By: Shubham Tiwari ProfileResourcesReport error
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