Emergency Provisions — Set 11
Constitution Special · आपातकाल प्रावधान · Questions 101–110 of 160
Which article gives Parliament the power to make laws for a state under President's Rule on State List subjects?
Correct Answer: C. Article 357
Article 357 empowers Parliament to make laws with respect to any matter in the State List for the state under President's Rule. This extraordinary legislative power continues only while the Proclamation of President's Rule is in force. Laws made under this article do not lapse when the Emergency ends — they continue until repealed by the state legislature.
The concept of 'sub-national emergency' was introduced by which amendment to Article 356?
Correct Answer: C. There is no such amendment — Article 356 has always allowed Emergency for specific areas
Article 356(1) already provides that the President may, by proclamation, take over the government of a state if the government cannot be carried on. The article does not specifically refer to 'sub-national emergency' as a separate concept. The President can impose Article 356 in any state. The 42nd Amendment expanded emergency powers but the 44th Amendment restored some safeguards.
Article 352(3) specifically provides for convening a special session of Lok Sabha to consider revocation of Emergency. Who can request this?
Correct Answer: B. Not less than 1/10th of total Lok Sabha membership
Article 352(3) provides that a notice in writing signed by not less than one-tenth of the total number of members of the Lok Sabha, addressed to the Speaker if the House is in session or to the President if not, can be given. This triggers a special sitting of the Lok Sabha within 14 days for considering a resolution disapproving the continuation of the Emergency proclamation. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.
During an Emergency under Article 356, the state legislature (if not dissolved) can?
Correct Answer: B. Continue to pass laws but they become subject to Parliament's approval
During President's Rule under Article 356, the state legislature's legislative powers are taken over by Parliament. If the legislature is merely suspended (not dissolved), it can continue to exist but its legislative powers vest in Parliament. Any laws passed by a suspended state legislature would effectively be subordinate to Parliament's powers during this period.
The concept of 'Preventive Emergency' refers to?
Correct Answer: B. Article 356 — the power to impose President's Rule before a breakdown occurs
Article 356 is sometimes called a 'Preventive Emergency' in the sense that the President can act on the basis of a Governor's report (anticipating) that the government cannot be carried on — even before an actual breakdown has occurred. The S.R. Bommai judgment restricted this preventive use, requiring that action under Article 356 be based on concrete, objective, and relevant facts.
Who said 'the Emergency powers should be an iron hand in a velvet glove'?
Correct Answer: B. Granville Austin
Granville Austin, the renowned constitutional historian who wrote 'The Indian Constitution: Cornerstone of a Nation', described the ideal emergency powers as 'an iron hand in a velvet glove' — meaning they should be strong enough to deal with genuine emergencies but exercised with sensitivity and restraint. He analyzed how India's emergency provisions have been used and misused. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Under Article 352, a National Emergency can be proclaimed on grounds of war, external aggression, or?
Correct Answer: B. B) Armed rebellion
Article 352 was amended by the 44th Amendment Act 1978, replacing 'internal disturbance' with 'armed rebellion' as a ground for National Emergency. This was done to prevent misuse of emergency powers for political purposes. The original term 'internal disturbance' was considered too vague and broad. Armed rebellion requires a higher threshold of organized violent uprising against the state.
Which article of the Indian Constitution deals with the imposition of President's Rule (State Emergency)?
Correct Answer: B. B) Article 356
Article 356 empowers the President to impose President's Rule in a state if the government cannot be carried on in accordance with the Constitution. This is commonly known as 'State Emergency' or 'Constitutional Emergency'. The President acts on the report of the Governor or otherwise. Parliament must approve the proclamation within two months.
Financial Emergency under Article 360 can be proclaimed when the financial stability or credit of India or any part thereof is threatened. Which authority approves it?
Correct Answer: B. B) Parliament
A Financial Emergency proclaimed under Article 360 must be approved by both Houses of Parliament within two months by a simple majority. Once approved, it continues indefinitely unless revoked. During Financial Emergency, the President can direct states to observe canons of financial propriety and can reduce salaries of government employees including judges.
The 44th Constitutional Amendment Act 1978 required that a proclamation of National Emergency must be approved by Parliament within?
Correct Answer: A. A) 1 month
The 44th Amendment Act 1978 reduced the time limit for parliamentary approval of a National Emergency from two months to one month. If Parliament is not in session, the proclamation remains valid for 30 days from the date of its issue. This was a safeguard introduced to prevent prolonged emergency without parliamentary sanction.