Emergency Provisions
Tests knowledge of emergency provisions in the Indian Constitution including National Emergency (Article 352), President's Rule (Article 356), and Financial Emergency (Article 360).
Questions
On which of the following aspects does a “Proclamation of Emergency” have its effects?
- Centre-State Relationship
- The life of the Union Parliament and State Legislative Assembly
- Fundamental Rights
- Only 3
- Only 2 and 3
- Only 1 and 3
- All of the above
Which of the following statements is/are true?
- The expression “Proclamation of Emergency” as used in the Indian Constitution refers to National Emergency under Article 352.
2. In India, National Emergency has been proclaimed two times so far.
- Only 1
- Only 2
- Both of these
- Neither of these
On which of the following grounds can the President of India, under Article 352, proclaim emergency?
- War
- Internal disturbance
- Armed rebellion
- External aggression
- Imminent danger
- Only 1, 3 and 4
- Only 1, 2 and 4
- Only 1, 3, 4 and 5
- Only 1, 2, 3 and 5
Consider the following statements:
- Under Article 356, the President can act even without the Governor's report.
- A proclamation of emergency issued under article 356 cannot be extended beyond the duration of three years in any case.
Which of the statements given is/are correct?
- Only 1
- Only 2
- Both of these
- Neither of these
Which of the following statements is/are true?
- Under Article 358, the six Fundamental Rights enumerated under Article 19 are automatically suspended.
- Under Article 359, other Fundamental Rights (except the rights under Articles 20 and 21) get suspended.
- Only 1
- Only 2
- Both of these
- Neither of these
Which of the following statements is/are correct?
- A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation.
- Such a proclamation does not require any parliamentary approval.
- Only 1
- Only 2
- Both of these
- Neither of these
Which of the following statements is/are correct?
- While a Proclamation of Emergency is in operation, the Parliament can enact laws even on the subjects enumerated under the State List as the Legislatures of the State are suspended for the time being.
2. While a Proclamation of Emergency is in operation, the administration gets converted into a unitary system.
- Only 1
- Only 2
- Both 1 and 2
- Neither 1 nor 2
Which of the following statements is/are incorrect?
- During a financial emergency, the Centre acquires full control over the states in financial matters.
2. So far, financial emergency has been declared only once in India and that was in 1991.
- Only 1
- Only 2
- Both of these
- Neither of these
Which of the following statements is incorrect regarding financial emergency?
- A proclamation declaring financial emergency must be approved by both the Houses of the Parliament within two months from the date of its issuance.
- There is no maximum period prescribed for the operation of financial emergency.
- Repeated parliamentary approval is not needed for the continuation of financial emergency.
- A resolution approving the proclamation of financial emergency can be passed by either House of the Parliament by a special majority.
Consider the following statements:
- The Indian Constitution is largely a borrowed Constitution.
- Emergency provisions in the Indian Constitution have been borrowed from the Weimar Constitution of Germany.
Which of the statements given is/are correct?
- Only 1
- Only 2
- Both of these
- Neither of these
Read the given statements:
- Assertion: A proclamation of emergency under Article 356 is known as the imposition of 'President Rule' in a state.
- Reasoning: When the President Rule is imposed in a state, the President dismisses the state Council of Ministers headed by the Chief Minister.
Mark your answer as:
- If both the statements are true and statement 2 is the correct explanation for statement 1.
- If both the statements are true and statement 2 is not the correct explanation for statement 1.
- If statement 1 is true but statement 2 is false.
- If statement 1 is false but statement 2 is true.
Under which of the following conditions can the duration of emergency declared under Article 356 be extended beyond the period of one year?
- If a proclamation of emergency under Article 352 is in operation
- If the Supreme Court certifies that it is in favour of the State due to absence of any party having majority votes
- If the Election Commission certifies that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties
- If the Governor of the state concerned reports to the President that no party is able to secure the required majority
- Only 3
- Only 1 and 3
- Only 1, 3 and 4
- Only 3 and 4
Read the following in relation to the emergency under Article 356:
- The power under Art 356 should be used sparingly and with great circumspection.
- Federalism is the basic feature and Art 356 must be used to preserve this fabric rather than subvert it.
- The power granted under Art 356 is not absolute.
- Courts can strike down the proclamation as unconstitutional if it is modified or based on irrelevant material.
The above mentioned recommendations/guidelines are the outcomes of which of the following?
- S R Bommai Judgement
- Sarkaria Commission on Centre-State relationship
- Inter-State Council meet in Srinagar
- National Commission to Review the Working of the Constitution (NCRWC)
Which of the following changes are affected during the declaration of emergency due to constitutional breakdown of the State machinery?
- The President can assume to himself any or all the powers /functions of the Government of the State.
- The President can declare that the powers of the Legislature of the State shall be exercised by the Parliament.
- The President can assume the powers of the High Court of the State.
- The President can suspend the operation of any provision of the Constitution relating to the body or authority in the State if he feels it is desirable to do so for attaining the objectives of the Emergency.
- Only 1, 2 and 3
- Only 1, 3 and 4
- Only 1, 2 and 4
- All of the above
Which of the following steps can be taken by the President of India during a financial emergency?
- He can order a reduction of the salaries of the judges of the Supreme Court and High Courts.
- He can suspend Fundamental Rights, except the rights under Article 20 and Article 21, of the Indian citizens.
- He can order reduction of salaries and allowances of the civil servants.
- He can direct the Union and the State Governments to observe such cannons of propriety as he deems desirable.
- Only 1 and 4
- Only 1, 2 and 4
- Only 1, 3 and 4
- All of the above