Emergency Provisions — Set 13
Constitution Special · आपातकाल प्रावधान · Questions 121–130 of 160
During Financial Emergency under Article 360, which authority can reduce the salaries of judges of the Supreme Court and High Courts?
Correct Answer: B. B) President
During a Financial Emergency under Article 360, the President can issue directions for reduction in the salaries and allowances of all or any class of persons serving in connection with the affairs of the Union, including the judges of the Supreme Court and High Courts. This is an extraordinary power as normally judicial salaries are charged to the Consolidated Fund of India. The judiciary plays a crucial role in upholding the Constitution and protecting citizens' fundamental rights.
Article 353 deals with the effect of proclamation of Emergency. During National Emergency, the executive power of the Union can be extended to give directions to?
Correct Answer: B. B) State governments
Article 353 provides that while a Proclamation of Emergency is in operation, the executive power of the Union shall extend to the giving of directions to any state as to the manner in which the executive power thereof is to be exercised. This means the Centre can issue binding directions to state governments, making the federal structure more unitary during emergencies. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
The first National Emergency in India was declared in which year during the Sino-Indian War?
Correct Answer: B. B) 1962
The first National Emergency in India was declared on October 26, 1962 during the Sino-Indian War. This was proclaimed on grounds of external aggression under Article 352. It remained in force until January 10, 1968. India has had three National Emergencies: 1962 (Chinese aggression), 1971 (Pakistani aggression), and 1975 (internal disturbance/armed rebellion).
Under the Constitution, a resolution by Lok Sabha to disapprove the proclamation of National Emergency requires the support of?
Correct Answer: C. C) Simple majority
The 44th Amendment Act 1978 introduced a provision that if one-tenth of the total membership of Lok Sabha gives written notice, a special sitting of Lok Sabha must be held within 14 days. If a resolution disapproving the Emergency is passed by a simple majority of total membership of Lok Sabha, the President must revoke the proclamation. This ensures democratic oversight.
Article 358 deals with suspension of which Fundamental Rights during National Emergency?
Correct Answer: A. A) Article 19 rights (Six freedoms)
Article 358 provides for the suspension of Fundamental Rights under Article 19 (six freedoms: speech, assembly, association, movement, residence, profession) during National Emergency proclaimed on grounds of war or external aggression. However, after the 44th Amendment Act, this suspension only applies when the Emergency is on grounds of war or external aggression, not on grounds of armed rebellion. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Which article provides that the President can suspend the right to move any court for enforcement of Fundamental Rights during an Emergency?
Correct Answer: C. C) Article 359
Article 359 empowers the President to suspend the right to move any court for enforcement of such Fundamental Rights as may be mentioned in the Presidential Order, except Articles 20 and 21. This suspension applies during National Emergency and to proceedings pending in any court. The courts cannot enforce the suspended rights until the Presidential Order is revoked.
How many times has Financial Emergency under Article 360 been imposed in India?
Correct Answer: A. A) Never
Financial Emergency under Article 360 has never been proclaimed in India since the Constitution came into force in 1950. Despite several economic crises, including the Balance of Payments crisis of 1991, no government has ever resorted to Article 360. The 1991 crisis was handled through IMF assistance and economic reforms rather than constitutional emergency provisions.
The second National Emergency in India was declared in 1971 on grounds of external aggression due to?
Correct Answer: B. B) Pakistani aggression during Bangladesh Liberation War
The second National Emergency in India was declared on December 3, 1971 during the Bangladesh Liberation War. Pakistan launched air strikes on Indian airfields, which constituted external aggression. This Emergency was on grounds of external aggression. It was revoked on March 27, 1972 after India's decisive victory and the creation of Bangladesh.
Under Article 356, the maximum period for which President's Rule can be imposed without any special condition is?
Correct Answer: B. B) 1 year
Under Article 356, President's Rule can initially be imposed for a period of six months. It can be extended for six months at a time, and the maximum period without any special condition is one year. Beyond one year, extension requires that a National Emergency be in operation or the Election Commission certifies that elections cannot be held in the state.
During President's Rule in a state, the legislative powers of the state are exercised by?
Correct Answer: C. C) Parliament
During President's Rule under Article 356, the legislative powers of the state legislature are exercised by Parliament. Parliament can delegate these powers to the President. The President can further delegate these powers to any authority. Laws made by Parliament for the state during President's Rule remain in force even after the Rule ends unless repealed by the state legislature.