Among the following statements which are true about the imposition of Emergency in 1975 ?

(i) It was imposed under Article 352 of the Constitution.

(ii) The proclamation of Emergency suspended the federal provisions of the Constitution and Fundamental Rights and Civil liberties.

(iii) A series of decrees, laws and constitutional amendments reduced the power of judiciary to check the functioning of the executive.

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Kerala PSC Common Preliminary Exam (GRADUATE LEVEL) PYP - 096/21
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  1. Only (i) and (ii)
  2. Only (i) and (iii)
  3. Only (ii) and (iii)
  4. All of the above (i, ii, iii)

Answer (Detailed Solution Below)

Option 4 : All of the above (i, ii, iii)
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Detailed Solution

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The correct answer is Option 4.

Key Points

  • The Emergency of 1975 was imposed under Article 352 of the Indian Constitution.
  • The proclamation of Emergency led to the suspension of federal provisions, Fundamental Rights, and civil liberties, which curtailed personal freedoms significantly.
  • A series of decrees and constitutional amendments during the Emergency reduced the judiciary's power to check the functioning of the executive, ensuring that the executive had unchecked authority.
  • All three statements (i, ii, and iii) about the imposition of Emergency in 1975 are correct, making Option 4 the valid choice.

Additional Information

  • Article 352: This article allows the President of India to proclaim a national emergency if there is a threat to the security of India or any part of its territory due to war, external aggression, or armed rebellion.
  • Suspension of Fundamental Rights: During the 1975 Emergency, Fundamental Rights under Part III of the Constitution, including Article 19 (freedom of speech and expression), were suspended, severely restricting individual freedoms.
  • Judiciary's Role and Limitations: The judiciary's independence was curtailed during this period. Constitutional amendments, such as the 42nd Amendment Act, were introduced to limit the judiciary's ability to review executive actions.
  • Historical Context: The Emergency was declared on June 25, 1975, by President Fakhruddin Ali Ahmed on the advice of then-Prime Minister Indira Gandhi, citing internal disturbances. It lasted until March 21, 1977.
  • Impact of Emergency: The press was censored, political opponents were arrested, elections were postponed, and various policies were implemented without parliamentary approval.
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