Which of the following statements regarding the declaration of National Emergency under Article 352 is/are correct?
1. The 44th Constitutional Amendment Act replaced the term 'internal disturbance' with 'armed rebellion'.
2. The President can proclaim a National Emergency solely on the oral advice of the Prime Minister.

Question

Accepted Answer

1 only — Statement 1 is correct; the 44th Amendment Act (1978) substituted 'internal disturbance' with 'armed rebellion'. Statement 2 is incorrect; the same amendment mandated that the President can only proclaim an emergency upon receiving a written recommendation from the Union Cabinet, eliminating the possibility of it being declared on the Prime Minister's sole advice.

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