Emergency Provisions (Indian Polity and Governance)

Total Questions: 36

31. How many times has Financial Emergency been declared in India so far? [U.P.P.C.S. (Pre) 2006]

Correct Answer: (d) Never
Solution:The Financial Emergency (Under Article 360) has never been declared in India so far.
  • In India, a Financial Emergency (Article 360) refers to a period when the financial stability or credit of the country or any part of its territory is threatened.
  • It is a time when the fiscal autonomy of the States may be temporarily curtailed, and the financial powers of the Central government are significantly enhanced to address the perceived economic crisis.
  • A Financial Emergency empowers the Central government to take swift and decisive action to safeguard the country's financial security, fiscal stability, and overall economic interests.

32. Who said, "The emergency power of the President is a fraud with the Constitution"? [U.P.P.C.S. (Spl) (Mains) 2004]

Correct Answer: (c) K.M. Nambiar
Solution:K. M. Nambiar while opposing provisions related to the President's Rule in the States mentioned that the "Emergency power of the President is a fraud with the Constitution."

Meaning of President's Rule

  • The President's Rule (Article 356), also known as the Governor's Rule, refers to a period when the constitutional machinery in a State has failed, and the State government is unable to function in accordance with the provisions of the Constitution.
  • It is a period when the autonomy of the State Government is temporarily suspended, and the Central government assumes direct control over the State's administration.
  • The President's Rule is also known as 'Constitutional Emergency' or 'State Emergency'.
    ∗ However, the Indian Constitution does not use the word            "Emergency" for this situation.
  • The imposition of the President's Rule empowers the Central government to suspend the State Legislature and govern the State through the office of the Governor.
    ∗ This centralization of authority is intended to restore constitutional order, ensure the continuity of governance, and protect the interests of the citizens when the regular State machinery is unable to function.

33. Which of the following Articles cannot be suspended during the national Emergency? [U.P.P.C.S. (Pre) 2015]

Correct Answer: (d) Articles 20 and 21
Solution:The Fundamental Rights described in Article 19 are automatically suspended under Article 358 when an emergency is declared on the basis of war or by external aggression under Article 352. Whereas, the President has the power to suspend the right to move any court for the enforcement of the other Fundamental Rights including Article 21(A) under Article 359. It is noteworthy that the Fundamental Rights obtained under Article 20 and 21 can not be suspended in any case. Also, Article 19 is not automatically suspended in case of declaration of Emergency due to Armed Rebellion, but then the President suspends it under Article 359. Thus, two correct answers, c and d, are received for this question. Note: It is noteworthy that this is the reason why the Public Service Commission had excluded this question from evaluation.

34. Which one among the following pairs of Articles relating to the Fundamental Rights cannot be suspended during the enforcement of Emergency under Article 359 of the Indian Constitution? [U.P.P.C.S. (Mains) 2009]

Correct Answer: (a) Articles 20 and 21
Solution:The Fundamental Rights described in Article 19 are automatically suspended under Article 358 when an emergency is declared on the basis of war or by external aggression under Article 352. Whereas, the President has the power to suspend the right to move any court for the enforcement of the other Fundamental Rights including Article 21(A) under Article 359. It is noteworthy that the Fundamental Rights obtained under Article 20 and 21 can not be suspended in any case. Also, Article 19 is not automatically suspended in case of declaration of Emergency due to Armed Rebellion, but then the President suspends it under Article 359. Thus, two correct answers, c and d, are received for this question. Note: It is noteworthy that this is the reason why the Public Service Commission had excluded this question from evaluation.

35. The President of India has the power to suspend the - [U.P. Lower Sub. (Pre) 2015]

Correct Answer: (e) Fundamental Rights described in Article 19 and Article 21-A.
Solution:The Fundamental Rights described in Article 19 are automatically suspended under Article 358 when an emergency is declared on the basis of war or by external aggression under Article 352. Whereas, the President has the power to suspend the right to move any court for the enforcement of the other Fundamental Rights including Article 21(A) under Article 359. It is noteworthy that the Fundamental Rights obtained under Article 20 and 21 can not be suspended in any case. Also, Article 19 is not automatically suspended in case of declaration of Emergency due to Armed Rebellion, but then the President suspends it under Article 359. Thus, two correct answers, c and d, are received for this question.

Note: It is noteworthy that this is the reason why the Public Service Commission had excluded this question from evaluation.

36. In which of the following States there is no provision for the imposition of Governor's Rule? [U.P. Lower Sub. (Pre) 2015]

Correct Answer: (e) a, b and c
Solution:According to Article 356 of the Indian Constitution, the President can impose President's rule on the failure of constitutional machinery in the state. Whereas, in view of the special status of Jammu and Kashmir (Article 370) in the Indian constitution, in addition to President's rule, Governor's rule was also made under section 92 of Part 6 of the constitution of Jammu and Kashmir. The separate constitutional system for Jammu and Kashmir has been removed by 'The Jammu and Kashmir Reorganisation Act, 2019'. Now, Jammu and Kashmir is a Union Territories under the Indian Constitution. In the given options there is no provision for Governor Rule in the State of Manipur, Mizoram, and Meghalaya. U.P. Commission did not evaluate this question.