For howmany month can the proclamation of emergency at the first instance be restricted?

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Muskan Anand

2 years ago

The correct answer is 6 months. Clause 1 of article 352 says that If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether, by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect (in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation. A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof. Clause 4 of article 352 says that every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. Clause 5 of article 352 says that - A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4).

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