Emergency Provisions

Total Questions: 36

11. What is correct about external emergency as per Article 352? [Chhattisgarh P.C.S. (Pre) - 2017]

i. It is proclaimed by the President.

ii. It should be approved by Parliament within two months.

iii. It should be approved by Parliament within one months.

iv. It should be approved by Parliament by simple majority.

v. It should be approved by Parliament by 2/3 majority.

vi. It can be revoked by simple majority of Parliament.

vii. It can be revoked by 2/3 majority of Parliament.

viii. It can be approved in joint session of Parliament.

(a) i, ii, iv, viii
(b) i, iii, vi, viii
(c) i, iii, v, vi
(d) i, iv, vii, viii
(e) None of the above

Correct Answer: (c) i, iii, v, vi

Solution:Under Article 352, the President can declare a National Emergency. The Proclamation of Emergency must be approved by both the houses of Parliament within 1 month from the date of its issue. Originally it was two months but was reduced to 1 month by the 44th Amendment Act of 1978. Every resolution of Parliament approving its proclamation or its continuance must be passed by a special Majority i.e 2/3rd of the members present & voting. It can be revoked by a simple majority.

12. Which one of the following is the time limit for the ratification of an Emergency period by the Parliament? [U.P.P.C.S. (Pre) 2006]

(a) 14 days
(b) 1 month
(c) 3 months
(d) 6 months

Correct Answer: (b) 1 month

Solution:A proclamation issued under Article 352 shall be laid before each House of the Parliament and shall cease to operate at the expiration of one month unless before the expiry of said period it has been approved by resolution of both Houses of Parliament.

13. A Proclamation of Emergency must be placed before the Parliament for its approval - [U.P.P.C.S. (Mains) 2003, 2004]

(a) Within one month
(b) Within two months
(c) Within six months
(d) Within one year

Correct Answer: (a) Within one month

14. The Provisions regarding division of taxes between the Union and the States - [Chhattisgarh P.C.S. (Pre) 2011]

(a) Can be suspended during Financial Emergency.
(b) Can be suspended during National Emergency.
(c) Cannot be suspended under any circumstances.
(d) Can be suspended only with the consent of a majority of the State Legislatures.

Correct Answer: (b) Can be suspended during National Emergency.

Solution:The provisions under Article 268 to 281 relating to the distribution of taxes between the Union and the States, can be, suspended by the President's order at the time of National emergency subject to specific modification as required by the order as provided in Article 354(1) of the Constitution of India.

15. Under which of the following articles the President of India can suspend the enforcement of Fundamental Rights (except Articles 20, 21)? [U.P.P.C.S. (Spl) (Mains) 2008]

(a) Article 358
(b) Article 359
(c) Article 13
(d) Article 356

Correct Answer: (b) Article 359

Solution:According to Article 359 of the Indian Constitution, the President of India can suspend the enforcement of the Rights conferred by Part III (Fundamental Rights) except Articles 20 and 21. The President may by order declare the rights conferred by Part III (except 20 & 21) and right to move any court to enforce the rights shall remain suspended. Whereas Under Article 358 after 44 Amendment, Article 19 shall be suspended, if any part of the territory is threatened by war or external aggression.

16. During National Emergency the term of the House of People - [U.P.P.S.C. (GIC) 2010]

(a) Cannot be extended.
(b) Can be extended till the Emergency lasts.
(c) Can be extended for one year only.
(d) Can be extended till Emergency lasts but only by one year at a time.

Correct Answer: (d) Can be extended till Emergency lasts but only by one year at a time.

Solution:During the Proclamation of National Emergency under Article 352, the duration of Lok Sabha under Article 83(2), may be extended by Parliament by law. However such period shall not exceed one year at a time and not extending in any case beyond a period of 6 months after the Proclamation has ceased to operate.

17. The term of a State Legislative Assembly can be extended during Emergency by - [Uttarakhand U.D.A./L.D.A. (Pre) 2007]

(a) The President
(b) The Parliament
(c) The Governor of State
(d) The State Legislature

Correct Answer: (b) The Parliament

Solution:According to proviso of Article 172(1), while a Proclamation of Emergency is in operation, the duration of a State Legislative Assembly may be extended by the Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

18. On which of the following dates President of India, using his powers, declared by proclamation that a grave emergency existed where the security of India was threatened by internal disturbance? [R.A.S/R.T.S (Pre) 2018]

(a) 26 October, 1962
(b) 3 December, 1971
(c) 25 June, 1975
(d) 26 June, 1975

Correct Answer: (c) 25 June, 1975

Solution:This Emergency refers to a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of Emergency declared across the country.

Officially declared by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of Prevailing "internal disturbances. The Emergency was in effect from 25 June 1975 until it was withdrawn on 21 March 1977.

Originally, the Constitution mentioned 'internal disturbances' as the third ground for the proclamation of National Emergency, but the expression was too vague and had a wider connotation.

Hence the 44th Amendment Act of 1978 substituted the word 'armed rebellion' for internal disturbances.

Thus it is no longer possible to declare a National Emergency on the grounds of internal disturbances as was done earlier in 1975.

19. Statement: Constitution of India is basically Federal in nature. [M.P.P.C.S. (Pre) 2008]

Reason : Article 352 has provisions to deal with the failure of constitutional machinery in a state.

(a) Statement and Reason both are correct, and the Statement is the correct explanation of the reason.
(b) Statement and Reason both are correct, but the statement is not the correct explanation of reason.
(c) The statement is correct, but Reason is false.
(d) The statement is false, but Reason is correct.

Correct Answer: (c) The statement is correct, but Reason is false.

Solution:The Indian Constitution is regarded as federal as well as a combination of unitary and federal elements. Article 352 provides that the President of India, if satisfied, that the security of India or any part of the territory thereof is threatened due to war, external aggression or armed rebellion, can proclaim Emergency, whilst Article 356 provides for the proclamation of the President's Rule if the Constitutional machinery fails in any State of India. Hence statement is correct, but the reason is incorrect.

20. Mainly on whose advice the President's Rule is imposed in the State? [45th B.P.S.C. (Pre) 1997]

(a) Chief Minister
(b) Legislative Assembly
(c) Governor
(d) Chief Justice of High Court

Correct Answer: (c) Governor

Solution:Art: 356: President issue a proclamation if he is satisfied that a situation has arisen in which government of a state cannot be carry on in accordance with the provisions of the constition. Notably President's can act either on a report of the governor of state or otherwise two.

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