Parliamentary Approval and Duration

• A proclamation of emergency must be approved by both Houses of Parliament within one month of its issuance. This duration was reduced from two months by the 44th Amendment Act of 1978.

• Once approved, the emergency remains in effect for six months and can be extended indefinitely if both Houses of Parliament approve its continuation every six months.

• Every resolution approving the proclamation or its continuation must be passed by a special majority in each House:
➤ A majority of the total membership of the House, and
➤ A majority of not less than two-thirds of the members present and voting.

• The requirement for a special majority was introduced by the 44th Amendment Act of 1978, replacing the previous simple majority requirement.

Revocation of Proclamation

• The President can revoke a proclamation of emergency at any time with a subsequent proclamation. This does not require parliamentary approval.

• The President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. This safeguard was introduced by the 44th Amendment Act of 1978.

• If one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or the President if the House is not in session), a special sitting of the House must be held within 14 days to consider a resolution disapproving the continuation of the proclamation.

• A resolution of disapproval needs to be passed by the Lok Sabha only, while a resolution approving the continuation must be passed by both Houses of Parliament.

• A resolution of disapproval requires only a simple majority, while a resolution approving the continuation needs a special majority.