Emergency Provisions — Set 1

Correct Answer: B. National Emergency

Article 352 deals with the Proclamation of National Emergency (also called Armed Rebellion Emergency or External Emergency). The President can proclaim a National Emergency if the security of India or any part thereof is threatened by war, external aggression, or armed rebellion. The 44th Amendment replaced 'internal disturbance' with 'armed rebellion'.

Correct Answer: B. One month

Under Article 352, a Proclamation of National Emergency must be approved by resolutions of both Houses of Parliament by special majority within one month. If Parliament is not in session, it must be summoned within 30 days. Without Parliamentary approval, the proclamation ceases to operate. Parliamentary approval can renew it for six months at a time.

Correct Answer: B. 'Internal Disturbance' to 'Armed Rebellion'

The 44th Constitutional Amendment (1978) replaced the words 'internal disturbance' with 'armed rebellion' in Article 352. This change was significant because it made it harder to invoke the National Emergency on grounds of mere internal disturbance. The term 'armed rebellion' requires a much more serious threat than 'internal disturbance'.

Correct Answer: B. Governor reports that the government cannot be carried on in accordance with the Constitution

Article 356 empowers the President to issue a Proclamation of State Emergency (President's Rule) if he is satisfied on the report of the Governor or otherwise that the government of a state cannot be carried on in accordance with the provisions of the Constitution. Once imposed, the President assumes the functions of the state government. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.

Correct Answer: C. Financial Emergency

Article 360 deals with the Proclamation of Financial Emergency. The President may issue a Proclamation of Financial Emergency if he is satisfied that the financial stability or credit of India or any part thereof is threatened. Article 360 has never been invoked in India since independence. It requires approval by Parliament within two months.

Correct Answer: C. Three times (1962, 1971, and 1975)

The National Emergency under Article 352 has been proclaimed three times in India: (1) In 1962 during the Chinese aggression (proclaimed on October 26, 1962, revoked in 1968); (2) In 1971 during the India-Pakistan War (revoked in 1977); and (3) In 1975 during the Indira Gandhi government's internal emergency (proclaimed on June 25, 1975, revoked in 1977). This constitutional provision under Article 352 is an essential part of the Indian constitutional framework Understanding this constitutional provision is essential for competitive examinations and civic awareness. During a National Emergency, the fundamental rights under Article 19 stand automatically suspended and Parliament can legislate on State subjects.

Correct Answer: B. Fundamental Rights enforcement

Article 12 defines 'State' to determine against whom Fundamental Rights can be enforced. It includes the Government of India, Parliament, state governments, local bodies, and other authorities. The broad definition ensures Fundamental Rights can be enforced against all government entities. This is the gateway article for Part III of the Constitution.

Correct Answer: A. Article 19

During a National Emergency proclaimed on grounds of war or external aggression, the rights guaranteed under Article 19 (six freedoms) can be suspended automatically. On proclamation under Article 352, Article 19 stands suspended. Under Article 359, the President can also suspend the right to move any court for enforcement of fundamental rights (except Articles 20 and 21).

Correct Answer: C. Article 32

Article 32 guarantees the Right to Constitutional Remedies, which allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution.' The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. This right itself is a Fundamental Right and cannot be suspended except during National Emergency.

Correct Answer: A. Reasonable classification

Article 14 guarantees equality before law (negative concept from English law) and equal protection of laws (positive concept from US Constitution). The Supreme Court has held that Article 14 permits reasonable classification but prohibits arbitrary classification. The doctrine of reasonable classification allows different treatment for persons who are not similarly situated. The twin tests are: intelligible differentia and rational nexus with the object.