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INDIA- PAK CEASE FIRE

Fri 26 Feb, 2021

Why in News ?

  • In a first joint statement issued by the two sides in years, India and Pakistan have agreed to a “strict observance of all agreements, understandings and cease firing along the Line of Control (LoC) and all other sectors” with effect from the midnight of February 24-25.

Static G .K

NATIONAL EMERGENCY (Art. 352)

  • An emergency due to war, external aggression or armed rebellion is popularly known as ‘National Emergency’.
  • When an emergency is declared on  ground of ‘war’ or ‘external aggression’, it is known as External emergency & called as Internal emergency when declared on ground of ‘armed rebellion’.
  • Originally, the Constitution mentioned ‘internal disturbance’ as the third ground for the proclamation of a National Emergency, but the 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’.
  • The proclamation of a national emergency can be challenged in a court on the ground of malafide.
  • A proclamation of national emergency may be applicable to the entire country or only a part of it.
  • No maximum period is prescribed for its operation. It can be continued indefinitely by approval of Parliament after every six months.

INSTANCES OF IMPOSITION OF NATIONAL EMERGENCY

1. On account of Chinese aggression (1962-1968)(external aggression)

2. Attack by Pakistan (1971) (external aggression)

  • This emergency was proclaimed (on grounds of internal disturbance) even when 2nd Emergency was in operation. Both the second and third proclamations were revoked in March 1977