| What has been the effect of the 44th Constitutional Amendment Act on the emergency provisions contained in Article 352? |
| 1. Ratification of emergency by Parliament has to be done by special majority now instead of the simple majority required earlier. |
| 2. Judicial review of emergency proclamation has been enabled. |
| 3. Criteria for imposing emergency was changed. |
| 4. President can return the advice to impose emergency for reconsideration of the cabinet once. |
| Select the correct answer using the codes given below. |
A) 1 and 2
B) 1, 3 and, 4
C) 2 and 3
D) All of these
Correct Answer: D
Solution :
[d] Statement 1 1s true. Parliamentary approval of emergency has become more difficult post 44th Amendment Act, with the requirement of special majority for approval of emergency by Parliament along with approval after every 6 months as opposed to the indefinite period earlier. The 38th Amendment Act prohibited judicial review of proclamation of emergency, which was removed by the 44th Amendment Act, thus enabling judicial review. Thus, Statement 2 is also true. Statement 3 is also true as the earlier criteria of imposing National Emergency of 'internal disturbance' has been changed to 'armed rebellion'. Finally, Statement 4 is also true due to the Amendment of Article 74 by the 44th Amendment Act which provided for the President to ask the Council of Ministers to reconsider their advice. Thus, the right answer is [d].
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