Emergency Provisions — Set 15

Correct Answer: C. C) Either Parliament or State Legislature

Under Article 357(2), laws made by Parliament during President's Rule in a state remain operative after the Rule ends. These laws can be repealed or amended either by Parliament or by the State Legislature after the resumption of normal governance. If the State Legislature repeals a law made during President's Rule, such repeal requires the President's assent.

Correct Answer: B. B) Emergency powers cannot be expanded to destroy democratic foundations

The basic structure doctrine from Kesavananda Bharati v. State of Kerala (1973) implies that Parliament's power to amend emergency provisions cannot be used to destroy the democratic and federal foundations of the Constitution. Emergency powers must remain consistent with the basic structure. The 44th Amendment Act 1978 reaffirmed that emergency powers must have constitutional safeguards.

Correct Answer: A. A) President through ordinances

When President's Rule is in operation and Parliament is not in session, the President can exercise the legislative powers of the state legislature through ordinances under Article 213 read with Article 357. The President promulgates ordinances for the state which have the same force as acts of Parliament. These ordinances must be approved by Parliament within 6 weeks of its reassembly.

Correct Answer: C. C) Right to move court for habeas corpus is suspended during Emergency

In the infamous ADM Jabalpur v. Shivkant Shukla case (1976), also called the 'Habeas Corpus case', the Supreme Court by a 4:1 majority ruled that during Emergency, the right to move courts for enforcement of fundamental rights (including habeas corpus) stands suspended. Justice H.R. Khanna gave the sole dissent. This judgment was later overruled by the Supreme Court in 2017 in Justice K.S. Puttaswamy's case.

Correct Answer: C. C) Majority of total membership and two-thirds of members present and voting

The 44th Amendment Act 1978 prescribed that approval of National Emergency by Parliament requires a special majority, which means majority of the total membership of each House AND two-thirds majority of members present and voting. This is a higher threshold than an ordinary special majority, making it more difficult to approve (and continue) the Emergency. This applies to every extension approval as well.

Correct Answer: B. B) Articles 20 and 21

Articles 20 and 21 are described as 'Non-Derogable Rights' because they cannot be suspended even during a National Emergency. Article 20 protects against ex post facto laws, double jeopardy, and self-incrimination. Article 21 guarantees the right to life and personal liberty. The 44th Amendment Act 1978 explicitly made these rights non-suspendable after the experience of the 1975-77 Emergency.

Correct Answer: C. C) Both Supreme Court and High Courts

Both the Supreme Court and High Courts have jurisdiction to examine the validity of proclamation of President's Rule under Article 356. In S.R. Bommai v. Union of India (1994), the Supreme Court held that the Presidential proclamation is justiciable and subject to judicial review. Courts can examine whether the proclamation was issued on relevant material and whether there was a mala fide exercise of power.

Correct Answer: B. B) The President should consult the Inter-State Council before invoking it

The Punchhi Commission (2007-10) headed by Justice M.M. Punchhi recommended that before invoking Article 356, the President should consult the Inter-State Council. The Commission also recommended that the Central Government's request to invoke Article 356 should be debated in Parliament before the Governor's report is acted upon. These recommendations aimed to add more checks on the use of this power.

Correct Answer: C. C) When external aggression or armed rebellion is confined to a specific region

The 42nd Amendment Act 1976 introduced the provision to proclaim National Emergency for a part of India (not just the whole country). This allows the President to declare Emergency for a specific state or region when external aggression or armed rebellion is confined to that area, without imposing Emergency on the entire country. This is subject to the same approval requirements as a full National Emergency.

Correct Answer: B. B) Special majority for 1 year at a time

During a National Emergency, Parliament can extend the normal term of the Lok Sabha (5 years) for one year at a time (not exceeding one year at a time). This extension requires approval by Parliament through a special majority. The extension cannot continue beyond six months after the Emergency ceases to operate. Similar extension applies to state legislative assemblies.