Which among the following is true about duration of an Emergency under Article 356 and 352?
[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] None of the above
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.