Emergency Provisions

Total Questions: 36

21. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then - [I.A.S. (Pre.) 2018]

(a) The Assembly of the State is automatically dissolved.
(b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
(c) Article 19 is suspended in that State.
(d) The President can make laws relating to that State.

Correct Answer: (b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

Solution:*The Presidents's Rule can be proclaimed on two grounds one mentioned in Article 356 itself and another in Article 365.

* During the President's Rule, the state executive is dismissed and the State legislature is either suspended or dissolved. Hence option (A) is incorrect.

*It has no effect on the Fundamental Rights of the citizens. Hence option (c) is incorrect.

*The Parliament can delegate the powers to make laws for the state to the President or to any other authority specified by him. The President can promulgate an ordinance under Article 123 of the constitution but even then it is subjected to the approval of the House. Hence option (d) is also not appropriate. Thus option (b) is the correct answer.

22. Under which Article of the Indian Constitution President's Rule can be imposed in a State? [Uttarakhand U.D.A./L.D.A. (Pre) 2007]

(a) Article 370
(b) Article 368
(c) Article 356
(d) Article 352

Correct Answer: (c) Article 356

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.

23. Which of the following are not necessarily the consequences of the proclamation of the President's rule in a State? [I.A.S. (Pre) 2017]

1. Dissolution of the State Legislative Assembly

2. Removal of the council of Ministers in the State

3. Dissolution of the local bodies

Select the correct answer using the code given below:

(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Correct Answer: (b) 1 and 3 only

Solution:The Proclamation of the President's rule in a State can be made in accordance with the provisions of Article 356 of the Indian Constitution at the instance of failure of constitutional machinery. In the event of the imposition of the President's rule in a State, the President removes the council of Ministers and runs the administration with the help of the Chief Secretary of the State. Besides, the President can dissolve or suspend prorogue of the Legislative Assembly. Dissolution of local Bodies is not a consequence of the proclamation of the President's rule in a state.

24. Consider the following statements regarding Article 356 of the Constitution: [R.A.S./R.T.S.(Pre) 2013]

(i) Failure of Constitutional Machinery in States is an objective reality.

(ii) A Proclamation under this Article can be reviewed by Supreme Court.

(iii) Along with this Proclamation, State Legislative Assembly can be dissolved.

(iv) This Proclamation has to be approved by each House of Parliament within two months.

Which of the statement/s given above is/are correct?

(a) (i), (ii), and (iv) only
(b) (i), (ii), and (iii) only
(c) (iii) and (iv) only
(d) (ii), (iii), and (iv) only

Correct Answer: (a) (i), (ii), and (iv) only

Solution:In the case of S.R. Bommai Vs. Union of India, 1994, the Supreme Court held that judicial review can be done of the Proclamation of Emergency under Article 356 and the State Legislative Assembly cannot be dissolved with Proclamation until it is approved of by both Houses of the Parliament within two months. The Court further determined that the failure of the Constitutional machinery should be in real not fictitious.

25. President's Rule can be imposed for a maximum period of - [U.P.P.C.S. (Pre) 1992]

(a) 1 year
(b) 2 years
(c) 6 months
(d) 3 years

Correct Answer: (d) 3 years

Solution:Through the 44th Amendment Act, 1978, the duration of a Proclamation made under Article 356 was limited to a period of one year unless a Proclamation of Emergency under Article 352 was in operation and the Election Commission certified that it was not possible to hold elections to the Legislative Assembly of the State concerned immediately, in which case, it may be extended up to three years by successive resolutions for continuance being passed by both Houses of Parliament.

26. Match List-I with List-II and choose the correct answer from the codes given below: [Chhattisgarh P.C.S. (Pre) 2020]

List-I (State)	List-II (No. of times President Rule has been imposed till 2019)
A. Manipur	(i) 8
B. Uttar Pradesh	(ii) 10
C. Bihar	(iii) 9
D. Odisha	(iv) 6

Codes:

Option	A	B	C	D
(a)	(iii)	(ii)	(i)	(iv)
(b)	(ii)	(iii)	(i)	(iv)
(c)	(i)	(ii)	(iii)	(iv)
(d)	(iv)	(ii)	(iii)	(i)

Correct Answer: (b)

Solution:The correct match are as follous :-

State	No. of times President Rule has been imposed till 2019
Manipur	10
Uttar Pradesh	9
Bihar	8
Odisha	6

27. Under Article 356 of the Constitution of India, President's Rule was imposed for the first time in - [U.P.P.C.S. (Mains) 2010]

(a) Uttar Pradesh
(b) Travancore-Cochin
(c) PEPSU
(d) Bihar

Correct Answer: (c) PEPSU

Solution:The President's Rule under Article 356 was imposed in 1951 for the first time in former Punjab and in 1953 in Patiala and East Punjab States Union (PEPSU).

28. Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India: [I.A.S. (Pre) 2007]

1. A Proclamation of financial emergency issued shall cease to operate at the expiration of two months, unless, before the expiration of that period, it has been approved by the resolutions of both Houses of Parliament.

2. If any Proclamation of financial emergency is in operation, it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons, serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (a) 1 only

Solution:The Financial emergency is declared under Article 360 by the President if he is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of its Territory is threatened. The Proclamation shall cease to operate at the expiration of 2 months unless before the expiration of that period it is approved by resolution of both the Houses of Parliament. Thus, Statement 1 is correct. During financial emergency, the President can direct the States to reduce the salaries and allowances of all or any class of persons serving in connection with affairs of the State. The President can issue directions for reducing the salaries and allowances of Judges of the High Courts and Supreme Court as well.

29. Which of the following is/are the consequence (s) of invoking Article 360, declaration of a financial emergency? [69th B.P.S.C. (Pre) 2023]

1. The President may order the States to reduce the salaries and allowances of all or any class of employees serving in connection with the State affairs.

2. Money Bills or other financial bills passed by the State Ligislature are not required to be reserved for the consideration of the President.

3. The President can issue directions for the reduction of salaries and allowances of all or any class of employees serving in connection with the affairs of the Union, including the Judges of the Supreme Court and the High Courts.

4. Money Bills or other financial bills are to be reserved for the consideration of the president after they are passed by the Legislature of the State.

Select the correct answer using the codes given below:

(a) Only 1, 3 and 4
(b) Only 2
(c) Only 1 and 2
(d) All of the above

Correct Answer: (c) Only 1 and 2

30. Which one of the following Articles of the Indian Constitution has not so far been used? [U.P. Lower Sub. (Mains) 2015, U.P.P.C.S. (Mains) 2016]

(a) Article 60
(b) Article 352
(c) Article 356
(d) Article 360

Correct Answer: (d) Article 360

Solution:Article 360 of the Indian Constitution which deals with the provision of financial emergency has not been used so far in India.

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