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Showing posts from 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 continuati…