Emergency Provisions

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

(a) 5 times
(b) 4 times
(c) Once
(d) Never

Correct Answer: (d) Never

Solution:The Financial Emergency (Under Article 360) has never been declared in India so far.

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

(a) K.M. Munshi
(b) B.N. Rao
(c) K.M. Nambiar
(d) H.N. Kunjaru

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."

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

(a) Articles 14 and 15
(b) Articles 19 and 20
(c) Articles 21 and 22
(d) Articles 20 and 21

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]

(a) Articles 20 and 21
(b) Articles 14 and 15
(c) Articles 16 and 17
(d) Articles 24 and 25

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]

(a) Fundamental Rights an.
(b) Fundamental Rights described in Article 21.
(c) Fundamental Rights described in Article 21-A.
(d) Fundamental Rights described in Article 19.
(e) Fundamental Rights described in Article 19 and Article 21-A.

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.