Q: Why was it ambiguous to impose national emergency on the ground of internal disturbance ?

Ans: Originally, the constitution had internal disturbance as one of the grounds for imposing national emergency, however, this was dropped since the ground was ambiguous and open to misuse. It was replaced by armed rebellion through the 44th amendment act, 1978. 
·         This emergency can be imposed by the President after receiving a written recommendation from the cabinet. This provision was introduced through the 44th amendment act. 

Comments

Post a Comment

Popular posts from this blog

Q: Elaborate Article 54 of Indian Constitution ?

Ans  :  According to Article 54 of Indian Constitution, there is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of: Lok Sabha and Rajya Sabha(Parliament) Legislative Assemblies of the states (Legislative Councils have no role). Legislative Assemblies of the Union Territories of Delhi and Puducherry. The value of the vote of an MLA is given below: Value of the vote of an MLA= (Total Population of the State/ Total number of elected members in the state legislative assembly ) * 1/1000 Value of vote of MP=( Total value of votes of all MLAs of the states/ Total number of Elected Members of Parliament) Keywords used :  Legislative Assembly and Legislative Council are the two chambers of the State legislature. The Legislative Assembly is the lower house of the state legislature equivalent to Lok Sabha. On the other hand, an administrative board is known as the Leg...
Read more

Q: Delineate Article 165 of Indian Constitution ?

Ans: Article 165 of Chapter 2 (The Executive) in Part VI (The States) of the Constitution of India provides for the office of the Advocate General for the States who is the highest law officer in the State. So the office of Advocate General plays an important role in the day-to-day functions of the State Governments in the Federal System of India. Also, the Constitution does not fix the remuneration of the Advocate General and he/she receives such remuneration as the Governor may determine. It is not a full-time post and he/she can engage in private legal practice. The Advocate General can also be reappointed or is eligible for any other government appointment after ceasing to hold office.
Read more