receiving a written recommendation from the Cabinet.

o This means that the emergency can be declared only on the concurrence of the Cabinet and not merely on the advice of the Prime Minister.

o The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the Prime Minister alone taking a decision in this regard as happened during 1975.

♤ Approval from the Parliament- The proclamation of National Emergency must be approved (ratified) by both the Houses of the Parliament within one month from the date of its issue by a special majority.

o Originally, the period allowed for approval by the Parliament was two months, but it was reduced by the 44th Amendment Act of 1978.

Use of special majority has a special significance: Since the emergency tilts the polity in favor of the Union Government, it can be considered as a virtual amendment of the Constitution, thereby requiring a special majority to change the balance of powers between the States and the Center.

o However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok

Sabha takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

o If the Lok Sabha stands dissolved at the time of the declaration of emergency, then it must

be approved by the reconstituted Lok Sabha within thirty days from its first sitting, provided the Rajya Sabha has approved it in the meantime.

♤ Duration of Emergency- After approval by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.

o This provision for periodical Parliamentary approval was also added by the 44th Amendment Act of 1978.

o All such resolutions must be passed by a special majority, that is, majority of the total membership of that house and majority of not less than two-thirds of the members of that House present and voting (this special majority provision was also introduced by the 44th Const. Amendment, 1978)

♤ Revocation of National Emergency – Lok Sabha has the powers to initiate proceedings for the discontinuation of the emergency. Lok Sabha can issue a notice in writing, signed by not less than one-tenth of the total members, with the intention to move a resolution. This resolution should be addressed to the Speaker, if the house is in session or the President otherwise.

o A special sitting of the house shall be held within 14 days from the date on which such notice is received for the purpose of considering such a resolution. The resolution has to be passed by a simple majority to cancel the emergency. It can additionally be re-invoked by the President on the advice of Council of Ministers.