NCERT Introduces Emergency in Class 9 Textbook

NCERT Introduces Emergency in Class 9 Textbook

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Why in News

  • The National Council of Educational Research and Training (NCERT) has added the 1975 Emergency to its Class 9 textbook titled Understanding Society: India and Beyond.
  • The Emergency was officially imposed on 25th June 1975 because of internal disturbance and stayed active until March 1977.

National Emergency

  • The President can declare a National Emergency (NE) under Article 352 when external war, aggression, or armed rebellion threatens India.
  • The 38th Amendment Act, 1975 allowed the President to issue multiple proclamations for war, external aggression, or internal disturbance.
  • The 44th Amendment Act, 1978 replaced the vague term internal disturbance with armed rebellion to make the rule clearer and more objective.
  • A National Emergency can apply to the whole of the country or only a part of it, a rule added by the 42nd Amendment Act, 1976.
  • The 44th Amendment Act, 1978 states that both Houses of Parliament must approve a NE within one month using a special majority.
  • If the Lok Sabha is dissolved during a declaration, the Rajya Sabha gives temporary approval, but the new Lok Sabha must approve it within 30 days of meeting.
  • A NE lasts for 6 months and can be extended infinitely with approval from Parliament every 6 months.
  • The President can revoke a NE at any time without needing approval from Parliament.
  • The Lok Sabha can stop an emergency if one-tenth of its total members give a written notice to the Speaker or the President, leading to a special sitting within 14 days.
  • The 38th Amendment Act, 1975 stopped courts from reviewing the Emergency declaration, but the 44th Amendment Act, 1978 changed this rule.
  • In the Minerva Mills case, 1980, the Supreme Court ruled that a Proclamation of NE can be challenged in court if it is fake, baseless, or absurd.