Consider the following statements 1 Proclamation of a national emergency by President is not a discr...........

Indian Polity Emergency

Consider the following statements:

1) Proclamation of a national emergency by President is not a discretionary power, as he can proclaim only after receiving a written recommendation from the Prime Minister.

2) In the Minerva Mills case, the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.

Which of the statements given above is/are correct?

1 only

2 only

Both

None

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Explanation:

The President can proclaim a national emergency only after receiving a written recommendation from the cabinet.This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.Statement 2 is correct and self-explanatory.