Emergency Provisions (Indian Polity and Governance)

Total Questions: 36

1. How many types of emergencies have been envisaged under the Indian Constitution? [U.P.P.C.S. (Mains) 2009, 2014]

Correct Answer: (b) Three
Solution:There are three types of Emergencies envisaged under the Indian Constitution-

(1) National Emergency under the Article 352;

(2) State emergency declared on failure of Constitutional machinery in a State under Article 356;

(3) Financial emergency under Article 360.

2. Under which Article of the Constitution it is the responsibility of the Indian Government to protect States from external aggression and internal disturbance? [U.P.P.C.S. (Pre) 2001]

Correct Answer: (a) Article 355
Solution:Article 352- If the President is satisfied that a grave emergency exists, whereby the security of India or any part of the Territory thereof is threatened, whether by war or external aggression or armed rebellion, then the President may by Proclamation make a declaration of Emergency.

Article 355- It shall be the duty of the Union to protect States against external aggression and internal disturbance.

Article 356- If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, then the President may declare the State under the President's Rule.

Article 360- If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of the Territory thereof is threatened, he may by a Proclamation make a declaration of Financial Emergency.

3. Which one of following Articles of the Indian constitution provide that It shall be the duty of the Union to protect every state against external aggression and internal disturbance? [I.A.S. (Pre) 2003]

Correct Answer: (d) Article 355
Solution:Article 352- If the President is satisfied that a grave emergency exists, whereby the security of India or any part of the Territory thereof is threatened, whether by war or external aggression or armed rebellion, then the President may by Proclamation make a declaration of Emergency.

Article 355- It shall be the duty of the Union to protect States against external aggression and internal disturbance.

Article 356- If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, then the President may declare the State under the President's Rule.

Article 360- If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of the Territory thereof is threatened, he may by a Proclamation make a declaration of Financial Emergency.

4. According to which Article National Emergency may be declared by the president of India? [53rd to 55th B.P.S.C. (Pre) 2011]

Correct Answer: (a) Article 352
Solution:Article 352- If the President is satisfied that a grave emergency exists, whereby the security of India or any part of the Territory thereof is threatened, whether by war or external aggression or armed rebellion, then the President may by Proclamation make a declaration of Emergency.

Article 355- It shall be the duty of the Union to protect States against external aggression and internal disturbance.

Article 356- If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, then the President may declare the State under the President's Rule.

Article 360- If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of the Territory thereof is threatened, he may by a Proclamation make a declaration of Financial Emergency.

5. The President of India may declare the National Emergency if there is the threat of: [U.P.P.C.S. (Mains) 2010, U.P.P.S.C. (GIC) 2010]

1. External aggression

2. Internal disturbances

3. Armed rebellion

4. Communal clashes

Select the correct answer from the code given below:

Correct Answer: (d) 1 and 3 only
Solution:Grounds of Declaration of National Emergency
  • The President can declare a National Emergency in India under Article 352 when the security of India or a part of it is threatened by:
    ∗ war,
    ∗ external aggression, or
    ∗ armed rebellion.
  • Originally, the Constitution mentioned 'Internal Disturbance' as the third ground for the proclamation of a National Emergency.
    ∗ However, because of the vagueness and ambiguity of the phrase "Internal Disturbance', it was replaced by the phrase 'Armed Rebellion' by the 44th Constitutional Amendment Act
    of 1978.
  • The President can declare a National Emergency even before the actual occurrence of war or external aggression or armed rebellion if he is satisfied that there is an imminent danger to the country.
  • The President can also issue different proclamations, whether or not there is a proclamation already issued by him and such proclamation is in operation.
    ∗ This provision was added by the 38th Constitutional Amendment Act of 1975.
  • Based on the grounds of the declaration, the National Emergency is called by any one of the following 2 names:
    ∗ External Emergency-It refers to a National Emergency that is declared on the grounds of War or External Aggression.
    ∗ Internal Emergency - It refers to a National Emergency that is declared on the grounds of Armed Rebellion.
    The 44th Constitutional Amendment Act of 1978 mandated       that the President can proclaim a National Emergency only         after receiving a written recommendation from the Cabinet      i.e. only on the concurrence of the Cabinet and not merely on the advice of the Prime Minister.

6. Which one of the following is not a basis to declare National Emergency in India? [U.P.R.O./A.R.O. (Pre) 2016, U.P.P.C.S. (Mains) 2016]

Correct Answer: (c) Threat to internal peace
Solution:Grounds of Declaration of National Emergency
  • The President can declare a National Emergency in India under Article 352 when the security of India or a part of it is threatened by:
    ∗ war,
    ∗ external aggression, or
    ∗ armed rebellion.
  • Originally, the Constitution mentioned 'Internal Disturbance' as the third ground for the proclamation of a National Emergency.
    ∗ However, because of the vagueness and ambiguity of the phrase "Internal Disturbance', it was replaced by the phrase 'Armed Rebellion' by the 44th Constitutional Amendment Act
    of 1978.
  • The President can declare a National Emergency even before the actual occurrence of war or external aggression or armed rebellion if he is satisfied that there is an imminent danger to the country.
  • The President can also issue different proclamations, whether or not there is a proclamation already issued by him and such proclamation is in operation.
    ∗ This provision was added by the 38th Constitutional Amendment Act of 1975.
  • Based on the grounds of the declaration, the National Emergency is called by any one of the following 2 names:
    ∗ External Emergency-It refers to a National Emergency that is declared on the grounds of War or External Aggression.
    ∗ Internal Emergency - It refers to a National Emergency that is declared on the grounds of Armed Rebellion.
    The 44th Constitutional Amendment Act of 1978 mandated       that the President can proclaim a National Emergency only         after receiving a written recommendation from the Cabinet      i.e. only on the concurrence of the Cabinet and not merely on the advice of the Prime Minister.

7. The President can declare National Emergency on the basis of - [46th B.P.S.C. (Pre) 2002]

Correct Answer: (d) All above mentioned reasons
Solution:Grounds of Declaration of National Emergency
  • The President can declare a National Emergency in India under Article 352 when the security of India or a part of it is threatened by:
    ∗ war,
    ∗ external aggression, or
    ∗ armed rebellion.
  • Originally, the Constitution mentioned 'Internal Disturbance' as the third ground for the proclamation of a National Emergency.
    ∗ However, because of the vagueness and ambiguity of the phrase "Internal Disturbance', it was replaced by the phrase 'Armed Rebellion' by the 44th Constitutional Amendment Act
    of 1978.
  • The President can declare a National Emergency even before the actual occurrence of war or external aggression or armed rebellion if he is satisfied that there is an imminent danger to the country.
  • The President can also issue different proclamations, whether or not there is a proclamation already issued by him and such proclamation is in operation.
    ∗ This provision was added by the 38th Constitutional Amendment Act of 1975.
  • Based on the grounds of the declaration, the National Emergency is called by any one of the following 2 names:
    ∗ External Emergency-It refers to a National Emergency that is declared on the grounds of War or External Aggression.
    ∗ Internal Emergency - It refers to a National Emergency that is declared on the grounds of Armed Rebellion.
    The 44th Constitutional Amendment Act of 1978 mandated       that the President can proclaim a National Emergency only         after receiving a written recommendation from the Cabinet      i.e. only on the concurrence of the Cabinet and not merely on the advice of the Prime Minister.

8. Under which of the following circumstances can the President declare Emergency? [U.P.P.C.S. (Mains) 2007]

1. External Aggression

2. Internal Disturbances

3. Failure of the Constitutional Machinery in States

4. Financial Crisis

Chose the correct answer from the codes given below:

Correct Answer: (b) 1, 3, and 4
Solution:Under Article 352, the President can declare a National Emergency in the case of war, external aggression or armed rebellion. Under Article 356, the President's Rule in case of failure of Constitutional machinery in States and under Article 360 could declare a financial emergency in case of economic crisis. However national emergency can be declared only on the occurrence of such situations as provided in article 352 but looking at the nature of the options the most appropriate answer is option (b).

9. According to Article 352 of the Constitution, the National Emergency can be declared in which among the following circumstances? [U.P.U.D.A./L.D.A. (Pre) 2002]

Correct Answer: (d) War, external aggression or armed rebellion.
Solution:Under Article 352, the President can declare a National Emergency in the case of war, external aggression or armed rebellion. Under Article 356, the President's Rule in case of failure of Constitutional machinery in States and under Article 360 could declare a financial emergency in case of economic crisis. However national emergency can be declared only on the occurrence of such situations as provided in article 352 but looking at the nature of the options the most appropriate answer is option (b).

10. Under Article 352 of the Constitution of India, an emergency can be declared if security of any part of India is threatened by - [U.P. P.C.S. (Mains) 2017]

1. War

2. External aggression

3. Armed rebellion

4. Internal disturbance

Select the correct answer from the codes given below:

Correct Answer: (c) 1, 2 and 3
Solution:Under Article 352, the President can declare a National Emergency in the case of war, external aggression or armed rebellion. Under Article 356, the President's Rule in case of failure of Constitutional machinery in States and under Article 360 could declare a financial emergency in case of economic crisis. However national emergency can be declared only on the occurrence of such situations as provided in article 352 but looking at the nature of the options the most appropriate answer is option (b).