If the proclamation of national emergency is issued at a time when the Lok Sabha has been dissolved
(a) It remains in force for a period of six months from the date of reconstitution of Lok Sabha.
(b) A special session of the Lok Sabha is called for approving the emergency.
(c) It needs to be approved by the Rajya Sabha.
(d) Will be declared null and void by the Supreme Court.

Question

If the proclamation of national emergency is issued at a time when the Lok Sabha has been dissolved
(a) It remains in force for a period of six months from the date of reconstitution of Lok Sabha.
(b) A special session of the Lok Sabha is called for approving the emergency.
(c) It needs to be approved by the Rajya Sabha.
(d) Will be declared null and void by the Supreme Court.

ONLiNE UPSC · Accepted Answer

The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978. However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

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