50th Anniversary of Emergency Observed as Samvidhan Hatya Diwas
In News
What Happened
Why It Matters
Background
History & Context
What Changed
- ▶
Grounds for Emergency: BEFORE the 44th Amendment, Emergency could be declared on the vague ground of 'internal disturbance'. NOW, it can only be declared for 'armed rebellion'.
- ▶
Cabinet Approval: BEFORE, the Prime Minister could unilaterally advise the President to declare an Emergency. NOW, the President requires written advice from the Union Cabinet.
- ▶
Suspension of Rights: BEFORE, the right to life and personal liberty (Article 21) could be suspended, as upheld by the Supreme Court in the ADM Jabalpur case. NOW, Articles 20 and 21 cannot be suspended even during a National Emergency.
- ▶
Parliamentary Approval: BEFORE, an Emergency proclamation could operate for two months without parliamentary approval and could be passed by a simple majority. NOW, it must be approved within one month by a special majority.
Prelims Angle
NCERT Connection
Practice Questions
Q1
With Reference ToWith reference to the National Emergency of 1975 and subsequent constitutional safeguards, consider the following statements: 1. The 44th Constitutional Amendment Act of 1978 replaced the term 'internal disturbance' with 'armed rebellion' under Article 352. 2. Currently, the enforcement of all Fundamental Rights, including Articles 20 and 21, can be suspended during a National Emergency. Which of the statements given above is/are correct?