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A national emergency under Article 352 can be declared on the ground of

  • A.War, external aggression or armed rebellion
  • B.Failure of the constitutional machinery in a state
  • C.A threat to the financial stability of India
  • D.The resignation of the Council of Ministers

Answer: B

Correct answer: War, external aggression or armed rebellion

Article 352 permits a national emergency where the security of India is threatened by war, external aggression or armed rebellion. The last of those grounds was originally internal disturbance, a much vaguer phrase under which the Emergency of 1975–77 was proclaimed. The 44th Amendment of 1978 replaced it with armed rebellion and added safeguards: the Cabinet must recommend the proclamation in writing, Parliament must approve it within a month by a special majority, and it must be renewed every six months. The Lok Sabha can revoke it by simple majority. During such an emergency the federal structure effectively becomes unitary, Parliament may legislate on state subjects, and the freedoms in Article 19 are suspended if the ground is war or external aggression. Articles 20 and 21 can never be suspended, another change made in 1978. It has been declared three times: in 1962, 1971 and 1975. Failure of state machinery falls under Article 356 and financial emergency under Article 360.

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