RAS question
Under Article 352, during a National Emergency, the 44th Amendment requires that the proclamation's continuation beyond six months needs approval by:
Correct answer: (C) Both Houses by special majority every six months.
Under Article 352, a National Emergency can continue beyond six months only when both Houses of Parliament approve its continuance by special majority every six months.
Explanation
Article 352 makes parliamentary control central to a National Emergency after proclamation. Once a proclamation is approved, it normally ceases after six months from the date on which the second approving resolution is passed. It can continue for another six months only if both Houses of Parliament again pass resolutions approving its continuance. The required majority is not a simple majority: each House must pass the resolution by a majority of its total membership and by at least two-thirds of the members present and voting. The same article also gives the Lok Sabha a check on misuse, because the President must revoke the proclamation if the House of the People passes a resolution disapproving it or its continuance.
Why the other options are wrong
- (A) Supreme Court approval is not the constitutional mechanism stated in Article 352 for continuing a National Emergency beyond six months.
- (B) Lok Sabha alone cannot continue the proclamation, and Article 352 requires a special majority, not a simple majority.
- (D) The President may issue or revoke a proclamation, but continuation beyond six months depends on parliamentary approval by both Houses.
Concept
This tests emergency provisions under the Constitution, especially the post-44th Amendment safeguards around Article 352. RAS repeatedly asks this because National Emergency rules combine executive power, parliamentary approval and anti-misuse checks.