Emergency Provisions — Set 14
Constitution Special · आपातकाल प्रावधान · Questions 131–140 of 160
The 42nd Amendment Act 1976, enacted during the Emergency period, made which significant change regarding emergencies?
Correct Answer: B. B) Allowed President to declare National Emergency even for part of India
The 42nd Constitutional Amendment Act 1976, passed during the Emergency, allowed the President to declare National Emergency even for a part of India, not just the whole country. This was a significant expansion of emergency powers. The 44th Amendment Act 1978 retained this provision but added numerous safeguards against misuse of emergency powers.
Under the Constitution, who has the power to revoke a proclamation of National Emergency?
Correct Answer: C. C) President
Under Article 352, the President has the power to revoke a proclamation of National Emergency at any time by a subsequent proclamation. The President is also obligated to revoke the proclamation if the Lok Sabha passes a resolution disapproving it by a simple majority of total membership. The President acts on the advice of the Council of Ministers.
Preventive detention laws during ordinary times are subject to the limitation that a person cannot be detained for more than how many months without advisory board approval?
Correct Answer: B. B) 3 months
Under Article 22(4), no law providing for preventive detention shall authorize detention beyond three months unless an Advisory Board consisting of persons who are qualified to be judges of High Courts reports that there is sufficient cause for detention. However, Parliament may by law prescribe circumstances for detention beyond three months without Advisory Board consultation. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
The concept of 'Constitutional Emergency' under Article 356 is also known as?
Correct Answer: B. B) Presidential Rule or State Emergency
Article 356 is commonly referred to as 'President's Rule' or 'State Emergency' or 'Constitutional Emergency'. It is invoked when the constitutional machinery in a state fails. The Governor's report is the usual basis for invoking Article 356, though the President can also act on their own information. The Sarkaria Commission recommended that Article 356 be used only as a last resort.
Which article provides safeguards against arbitrary arrest and detention in India?
Correct Answer: D. D) Article 22
Article 22 provides safeguards against arbitrary arrest and detention. It includes the right to be informed of grounds of arrest, the right to consult and be defended by a legal practitioner, production before a magistrate within 24 hours, and prohibition of detention beyond 24 hours without magistrate's order. Article 22(3) excludes enemy aliens and persons detained under preventive detention laws from these protections.
The Sarkaria Commission (1983-87) was set up to review the working of which aspect of the Constitution?
Correct Answer: C. C) Centre-State relations
The Sarkaria Commission (1983-87) was appointed to examine and review the working of the existing arrangements between the Union and the States in regard to powers, functions, and responsibilities. It was chaired by Justice R.S. Sarkaria. The commission made 247 recommendations, including that Article 356 should be used as a last resort and that the Governor's report must be based on specific material.
During a Financial Emergency, the President can direct that all money bills or financial bills passed by state legislatures shall be reserved for consideration of?
Correct Answer: B. B) President
Article 360(3) provides that during a Financial Emergency, the President may direct that all money bills or other financial bills passed by the Legislature of a State shall be reserved for his consideration. This gives the President direct control over state finances and ensures adherence to the President's directions on financial propriety. This provision has never been invoked in India's history.
Under the MISA (Maintenance of Internal Security Act), during 1975-77 Emergency, how many political opponents were arrested?
Correct Answer: B. B) Around 100,000
The correct answer is B) Around 100,000. During the 1975-77 Emergency in India, approximately 100,000 political opponents were arrested under the Maintenance of Internal Security Act (MISA). Press censorship was imposed, several fundamental rights were suspended, and political activity was severely curtailed. This experience led to the 44th Amendment Act 1978 which introduced several safeguards against misuse of emergency powers.
Article 354 deals with application of provisions relating to distribution of revenues while a proclamation of Emergency is in operation. Which Article's provisions are modified?
Correct Answer: A. A) Articles 268-279
Article 354 provides that while a Proclamation of National Emergency is in operation, the President may by order direct that all or any of the provisions of Articles 268 to 279 relating to distribution of revenues between the Union and the States shall apply subject to exceptions and modifications. This allows the Centre to adjust financial arrangements during emergency periods. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
The Lok Sabha can pass a resolution to revoke National Emergency if at least how many members give notice?
Correct Answer: B. B) 1/10 of total membership
Under the 44th Amendment Act 1978, if not less than one-tenth of the total membership of the Lok Sabha (approximately 54 members) signs and gives notice that they want to move a resolution for disapproval of the Emergency, the Speaker/President must call a special sitting of Lok Sabha within 14 days. This provision empowers opposition members to check executive overreach. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.