Emergency Provisions — Set 12
Constitution Special · आपातकाल प्रावधान · Questions 111–120 of 160
Under which article can the President's Rule in a state be extended beyond 3 years?
Correct Answer: C. C) Article 356 with special conditions
President's Rule under Article 356 can normally last for a maximum of 3 years. Extension beyond one year requires that a National Emergency be in operation in the whole of India or in the state, or that the Election Commission certifies that elections cannot be held in the state. The S.R. Bommai case (1994) significantly curtailed the misuse of Article 356.
During a National Emergency, which Fundamental Rights CANNOT be suspended?
Correct Answer: C. C) Right to Life and Personal Liberty under Article 21
The 44th Amendment Act 1978 added Article 20 and Article 21 to the list of Fundamental Rights that cannot be suspended even during a National Emergency. Article 20 protects against arbitrary conviction and Article 21 guarantees right to life and personal liberty. This was a crucial safeguard after the Emergency of 1975-77 when these rights were curtailed.
The President can proclaim National Emergency only on the written recommendation of?
Correct Answer: C. C) Council of Ministers headed by PM
The 44th Amendment Act 1978 stipulated that the President can proclaim National Emergency only on the written advice of the Cabinet (Council of Ministers headed by the Prime Minister). This was introduced to prevent the Prime Minister alone from advising the President, as happened during the 1975 Emergency. The written requirement ensures accountability.
How many times has Article 356 (President's Rule) been invoked in Indian states since independence?
Correct Answer: B. B) More than 100 times
Article 356 has been invoked more than 100 times since independence, making India one of the countries with frequent use of emergency provisions. The first use was in Punjab in 1951. The maximum misuse was seen during the 1970s and 1980s. The Supreme Court's judgment in S.R. Bommai v. Union of India (1994) made the imposition subject to judicial review.
Article 365 states that if a state fails to comply with directions given by the Union, it shall be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the?
Correct Answer: B. B) Provisions of the Constitution
Article 365 provides that failure of a state to comply with or give effect to any directions given in the exercise of executive power of the Union shall be lawful for the President to hold that the provisions of the Constitution cannot be carried on in that state. This article is connected with Article 356 as it provides grounds for imposition of President's Rule. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.
The National Emergency proclaimed in 1975 was revoked in which year?
Correct Answer: B. B) 1977
The National Emergency proclaimed on June 25, 1975 by Prime Minister Indira Gandhi was revoked on March 21, 1977, after the Janata Party won the general elections. This Emergency lasted approximately 21 months and is known as the most controversial Emergency in Indian history. It led to significant constitutional amendments including the 44th Amendment Act 1978 to prevent future misuse.
Under Article 352, a National Emergency once proclaimed continues for?
Correct Answer: D. D) Indefinitely unless revoked
A National Emergency once proclaimed and approved by Parliament continues indefinitely unless revoked by the President or disapproved by the Lok Sabha. Parliament must approve the proclamation every 6 months by a special majority (majority of total membership and two-thirds majority of members present and voting). The Lok Sabha can pass a resolution to revoke it by a simple majority.
During a National Emergency, the Parliament has power to legislate on subjects in the?
Correct Answer: D. D) Both Union and State Lists
During a National Emergency, Parliament acquires the power to legislate on subjects in the State List as well, in addition to subjects in the Union List and Concurrent List. This means Parliament has unlimited legislative authority covering all three lists. However, state legislatures do not become suspended and can also pass laws on state subjects, but parliamentary laws will prevail.
Which amendment added the provision requiring approval of National Emergency by special majority in Parliament?
Correct Answer: B. B) 44th Amendment
The 44th Constitutional Amendment Act 1978 introduced several safeguards against the misuse of emergency provisions. It required that the proclamation of National Emergency must be approved by Parliament by a special majority (majority of total membership plus two-thirds of members present and voting). It also provided that Lok Sabha could pass a resolution to revoke the Emergency.
The S.R. Bommai case (1994) established that the imposition of President's Rule under Article 356 is subject to?
Correct Answer: B. B) Judicial review
In S.R. Bommai v. Union of India (1994), a 9-judge Constitution bench held that the imposition of President's Rule under Article 356 is subject to judicial review. The Supreme Court can examine whether the President's proclamation was based on relevant material and not mala fide. This landmark judgment significantly curtailed the misuse of Article 356 for political purposes.