Q: What action can be taken if national emergency was proclaimed on malafide grounds and extraneous as well as irrelevant facts ?

Ans: Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980.

In Minerva Mills case, the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that declaration was based on wholly extraneous and irrelevant facts

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