A) Maximum duration under Article 356 can be of three years while under Article 352 it may continue indefinitely
B) Maximum duration under Article 352 can be of three years while under Article 356 it may continue indefinitely
C) Maximum duration under Article 356 as well as Article 352, is three years
D) Maximum duration under Article 356 as well as Article 352, is indefinite.
Correct Answer: A
Solution :
[a] Article 352: Prior to 44th Amendment Bill 1978, a proclamation of emergency under article 352 could remain in force in the first instance for 2 months. However once approved by the parliament the emergency could remain in force indefinitely. Now, the 44th amendment has cut this power of the executive down. After the 44th amendment, a proclamation of emergency may remain in force in the first instance for one month. Such Proclamation, if approved by the parliament shall remain in force for a period of 6 months unless revoked earlier). For further continuance approval would be required from the parliament for every 6 months. So on approval of the parliament and not on the discretion of the executive the emergency may continue for a longer time Article 356: Proclamation of emergency under article 356 may will remain in operation for 6 months at a time but in not any case this proclamation will remain in force for more than 3 years.
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