Under whose advice the President of India declares Emergency under Article352?
Question
Under whose advice the President of India declares Emergency under Article352?
Solution
The President of India declares Emergency under Article 352 on the advice of the Prime Minister and the Union Council of Ministers. Here are the steps:
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The Prime Minister and the Union Council of Ministers assess the situation in the country. This could be due to war, external aggression, or armed rebellion which threatens the security of India or any part thereof.
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If they believe that the situation warrants the declaration of a state of emergency, they advise the President to do so.
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The President, based on this advice, can then declare a state of emergency.
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However, such a proclamation must be approved by both Houses of Parliament within one month.
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If approved, the emergency can last for six months and can be extended indefinitely by six-month intervals, but it must be re-approved by the Parliament every six months.
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During a state of emergency, the federal government assumes wide-ranging powers and can suspend civil liberties.
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