National emergency proclamation - Indian polity and Governance
Q. Consider the following statements
1. A national emergency can be challenged in a court
2. The President can proclaim a national emergency on the advice of the prime minister.
Which of the above statements is/are correct?- Published on 10 Jun 15a. Only 1
b. Only 2
c. Both
d. None
ANSWER: Only 1
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.
The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from the judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978. Further, in the Minerva Mills case4, (1980), 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.
