Emergency Provisions — Set 10
Constitution Special · आपातकाल प्रावधान · Questions 91–100 of 160
During the 1971 Emergency proclaimed under Article 352, what was the specific ground?
Correct Answer: B. External aggression by Pakistan during the Bangladesh Liberation War
The Emergency proclaimed in December 1971 was due to external aggression by Pakistan during the Bangladesh Liberation War. Indian forces helped East Pakistan (now Bangladesh) gain independence. The emergency on external aggression grounds automatically suspended Article 19 rights. This emergency was revoked in 1977.
Which provision allows the Governor to administer the state under President's Rule without a Council of Ministers?
Correct Answer: B. Article 356 read with Article 357
During President's Rule under Article 356, the Governor of the state acts as an agent of the President and exercises all executive functions without a Council of Ministers. Article 357 confers on Parliament the power to make laws on State List subjects for the state during this period. The Constitutional Assembly debated whether this undermines the federal structure.
Which article lays down the grounds for Emergency — war, external aggression, armed rebellion?
Correct Answer: A. Article 352
Article 352(1) of the Constitution states that if the President is satisfied that the security of India or of any part of the territory thereof is threatened whether by war or by external aggression or by armed rebellion, he may, by proclamation, make a declaration to that effect. The three grounds are: (1) War, (2) External Aggression, and (3) Armed Rebellion (not mere internal disturbance since 44th Amendment). Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Article 356 was applied in Jammu & Kashmir for the first time in?
Correct Answer: A. 1953
President's Rule was imposed in Jammu & Kashmir for the first time in 1953 when Sheikh Abdullah's government was dismissed. This was one of the earliest and most controversial uses of Article 356. J&K was governed under its own constitution until 2019 when Article 370 was abrogated and J&K was reorganized into two Union Territories.
Article 360 (Financial Emergency) requires Parliamentary approval within?
Correct Answer: C. Two months
Under Article 360(3), a Proclamation of Financial Emergency shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. The Financial Emergency, unlike the National Emergency, requires only simple majority approval (not special majority). Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.
Under Article 352, a National Emergency can be proclaimed for a part of India too. The 1962 Emergency was proclaimed for?
Correct Answer: A. Whole of India
The 1962 National Emergency (during the Chinese aggression) was proclaimed for the whole of India, not just for the border states. Similarly, the 1971 Emergency was proclaimed for the whole of India. Article 352 allows the Emergency to be proclaimed for the whole of India or any part thereof. The 1975 Emergency was also for the whole of India.
After the revocation of President's Rule, the legislation passed during the period?
Correct Answer: B. Continues to operate until repealed or altered by the state legislature
Article 357(2) provides that any law made in exercise of Parliament's power under Article 357(1) during President's Rule shall not be deemed to be invalid merely because it was made in exercise of those powers, even after the Proclamation has ceased. Such laws continue to operate until they are repealed, altered, or amended by the competent legislature. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.
Which constitutional article prohibits imposition of Emergency on basis of malafide, arbitrary, or extraneous grounds?
Correct Answer: B. No direct article — the prohibition is judicial (established by S.R. Bommai case)
There is no specific constitutional article that directly prohibits imposition of Emergency on mala fide or political grounds. The prohibition is a judicial creation established through the S.R. Bommai v. Union of India (1994) decision, which held that Emergency powers are subject to judicial review and cannot be exercised arbitrarily.
Under Article 356, Parliament exercises legislative power for a state in President's Rule. What happens to these laws after revocation?
Correct Answer: B. They continue until amended or repealed by the concerned State Legislature
Under Article 357(2), laws made by Parliament in exercise of power under Article 357(1) during President's Rule in a state shall not be deemed invalid after the proclamation ceases, and shall continue to be in force until altered, repealed, or amended by a competent legislature — which would be the state legislature after revocation of President's Rule. This constitutional provision under Article 356 is an essential part of the Indian constitutional framework The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers. The President can be removed from office through impeachment for violation of the Constitution with a two-thirds majority in both Houses.
The period of the 1975-77 Emergency is also called?
Correct Answer: B. The Dark Period or the Authoritarian Period
The 1975-77 Emergency (June 25, 1975 to March 21, 1977) is commonly referred to as 'The Dark Period' or 'The Authoritarian Period' or 'The Black Chapter' in Indian constitutional history. It is seen as the greatest challenge to India's democratic system. The Emergency saw suspension of civil liberties, press censorship, mass arrests, and forced sterilization drives.