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Sunday, October 9, 2011

Q. What is the maximum time limit within which the declaration of National Emergency (under Article 352) and the declaration of President’s Rule in a State (under Article 356) should be approved by the Parliament?

Ans. The declaration of National Emergency made by the President should be approved by Parliament within a period of one month from the date on which such declaration was made. Once approved within a period of one month, such declaration will remain in effect for six months and it can be extended after every six months for any period of time. The declaration of President’s Rule under Article 356 should be approved by Parliament within a period of two months from the date on which such declaration came into effect. Once approved within a period of two months, such declaration can remain in force for six months and it can be extended after every six months after such approval for maximum period of three years. However it can be extended beyond a period of one year only on the following circumstances—
(1) If the Proclamation of National Emergency is in operation in any part of the State where President’s Rule has been imposed; or
(2) If the Election Commission certifies that the continuation of the President’s Rule is necessary in that State on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.
If the Lok Sabha is dissolved or already under dissolution within the prescribed period of one month or two months as the case may be, the above declaration will continue in effect if approved by the Rajya Sabha within the prescribed period. 1-low- ever, the newly constituted Lok Sabha shall have o approve such declarations within a period of 30 days from the date of constitution of the new Lok Sabha, otherwise; such declarations will cease to have effect. The President can also withdraw these declarations at any time on the recommendations of the Council of Minister

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