Emergency Provisions

Choose the Correct Answer

Correct Answer : Option a

Explanation
Statement 1 is correct:An emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as ‘National Emergency’. However, the Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.
(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 1[armed rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.]
.—A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.
(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.

An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’. It is also known by two other names–‘State Emergency’ or ‘constitutional Emergency’.
However, the Constitution does not use the word ‘emergency’ for this situation.

Statement 2 is not correct:
Article 355: Duty of the Union to protect States against external aggression and internal disturbance. It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.
Article 356: Provisions in case of failure of constitutional machinery in States.
(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation;
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
Hence, read together Article 355 and Article 356 provide for the recommendation from Governor or Otherwise, to exercise the powers conferred on it to protect the state machinery and constitutional arrangements.

Statement 3 is not correct:
Financial Emergency due to a threat to the financial stability or credit of India (Article 360).
Provisions as to financial emergency.
(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect. Hence, The requirement of exhausting all the resources is not explicitly mentioned in the constitution of India.
Therefore, Option (a) is the correct answer.