GK Question

polity medium true_false

Under Article 352, the President can proclaim a National Emergency only on the written advice of the Cabinet, not on the advice of the Prime Minister alone, per the 44th Amendment safeguard.

  1. True
  2. False

Answer: True

Cabinet advice requirement for Emergency: (a) Pre-44th Amendment: President could proclaim Emergency on advice of Prime Minister alone, (b) 44th Amendment safeguard (1978): President can proclaim Emergency only on written advice of Cabinet (Council of Ministers), not PM alone, (c) Rationale: (i) Collective responsibility: Ensures Emergency decision reflects collective Cabinet wisdom, not individual Prime Minister's discretion, (ii) Democratic accountability: Cabinet collectively accountable to Parliament for Emergency decision, (iii) Prevent misuse: Prevents Prime Minister from imposing Emergency for political ends without Cabinet consensus, (d) Applications: (i) Post-1978: No National Emergency proclaimed, reflecting effectiveness of safeguards, (ii) Political accountability: Cabinet must justify Emergency to Parliament, people, enhancing democratic legitimacy, (e) Illustrates calibrated emergency powers: Cabinet advice requirement ensures Emergency reflects collective executive wisdom; balance between crisis response capacity and prevention of political misuse.

Topic Article 352 - Presidential Satisfaction and Cabinet Advice
Exam Relevance Cabinet advice for Emergency frequently asked in UPSC Prelims and SSC exams