Discussion
Which of the following is a mandatory requirement for issuing the proclamation of emergency by the President ?
Answer: D
The mandatory requirement is the recommendation of the Union Cabinet communicated in written form.
Article 352(3), inserted by the 44th Amendment in 1978 after the experience of the 1975 Emergency, bars the President from proclaiming an emergency unless the decision of the Union Cabinet (the Prime Minister and the Ministers of Cabinet rank) has been communicated to him in writing.
The advice of the Prime Minister alone, which was how the 1975 proclamation was made, is exactly what the amendment ruled out. An oral communication is not enough, and the Home Ministry has no separate role in the decision.
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