Emergency Provisions — Set 16
Constitution Special · आपातकाल प्रावधान · Questions 151–160 of 160
Under the Constitution, during a National Emergency proclaimed on grounds of war or external aggression, which article's six freedoms can be automatically suspended?
Correct Answer: B. B) Article 19 freedoms
Article 358 provides that while a Proclamation of Emergency made on grounds of war or external aggression is in operation, the state can make any law or take any executive action relating to the six freedoms guaranteed by Article 19 (speech, assembly, association, movement, residence, profession) without these laws being challenged as violating Article 19. This suspension is automatic and applies only when Emergency is due to war or external aggression. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Which Emergency provision was invoked in Jammu and Kashmir in August 2019?
Correct Answer: B. B) Article 356 President's Rule
In August 2019, President's Rule under Article 356 was imposed in Jammu and Kashmir before the state was bifurcated into two Union Territories (Jammu and Kashmir, and Ladakh) under the Jammu and Kashmir Reorganization Act, 2019. President's Rule was necessary as the state legislature was dissolved. This was a significant constitutional development as J&K lost its statehood.
The Rajmannar Committee (1969) was appointed by Tamil Nadu to examine Centre-State relations. What was its key recommendation regarding emergency provisions?
Correct Answer: A. A) Abolish Article 356
The Rajmannar Committee (1969) appointed by the Tamil Nadu government was strongly in favor of greater state autonomy. It recommended the abolition of Article 356 (President's Rule) as it found the provision prone to political misuse. The Committee felt that the Governor's discretion in recommending President's Rule gave too much power to the Centre to interfere in state governance.
Article 356(5) was added by which amendment to provide that a proclamation of President's Rule approved while Lok Sabha is dissolved shall lapse unless approved by Lok Sabha within 30 days of its reconstitution?
Correct Answer: C. C) 44th Amendment Act 1978
The 44th Amendment Act 1978 added Article 356(5) as a safeguard. It provides that if a proclamation under Article 356 is approved by Rajya Sabha but Lok Sabha is dissolved, the proclamation shall remain valid for 30 days from the date the reconstituted Lok Sabha first sits, unless the Lok Sabha also approves it within those 30 days. This prevents indefinite continuance without Lok Sabha approval.
Under the Constitution, in which case the President is NOT required to proclaim National Emergency even though requested by the Cabinet?
Correct Answer: B. B) Never - President must follow Cabinet advice
Under the Indian Constitution, the President is bound by the advice of the Council of Ministers (Cabinet) headed by the Prime Minister, as per Article 74. Therefore, if the Cabinet recommends proclamation of National Emergency, the President must act on that advice. The President cannot refuse Cabinet recommendations in constitutional matters. The 44th Amendment requires written Cabinet advice for Emergency proclamation.
The 59th Constitutional Amendment Act 1988 added a special provision for which state/UT regarding emergency?
Correct Answer: C. C) Jammu and Kashmir
The 59th Constitutional Amendment Act 1988 added Article 356A which provided that notwithstanding Article 356(4) and (5), the President could keep in operation a proclamation for Jammu and Kashmir for longer periods without periodic reapproval by Rajya Sabha. However, this amendment was later modified by the 63rd Amendment Act 1989 and then the 68th Amendment Act 1991 further adjusted these provisions. The power to amend the Constitution is a special power that cannot be used to destroy its basic structure.
When a National Emergency is in operation, which tier of government becomes essentially subordinate to the Central Government?
Correct Answer: B. B) State governments
During a National Emergency under Article 352, state governments become essentially subordinate to the Central Government. The Centre can give directions to states on any matter, Parliament can legislate on state subjects, executive powers of the Union extend to state matters, and financial arrangements can be modified. The federal structure becomes more unitary during National Emergency.
Under Article 352, the original provision before the 44th Amendment allowed proclamation of Emergency on grounds of 'internal disturbance'. This was changed to?
Correct Answer: C. C) Armed rebellion
The original Article 352 allowed the President to proclaim National Emergency on grounds of war, external aggression, or 'internal disturbance'. The 44th Amendment Act 1978 replaced 'internal disturbance' with 'armed rebellion'. This was a response to the 1975 Emergency where 'internal disturbance' had been used as a pretext. The new term requires a higher threshold of actual armed uprising.
In India's constitutional history, President's Rule has been imposed most number of times in which state?
Correct Answer: C. C) Manipur
Among Indian states, Manipur has had President's Rule imposed the most number of times - approximately 10 times since statehood. The small northeastern state has faced frequent political instability, leading to repeated use of Article 356. Bihar and Uttar Pradesh have also seen multiple instances of President's Rule. The Northeast states in general have experienced disproportionately high use of Article 356.
Article 361 grants immunity to the President and Governors of States from legal proceedings during their term of office. What is the relevance to emergency provisions?
Correct Answer: B. B) It protects them from suits related to emergency actions taken in official capacity
Article 361 grants immunity to the President and Governors from civil and criminal proceedings during their term of office. In the context of emergency provisions, this means that if the President proclaims an Emergency or imposes President's Rule in a state, they cannot be personally sued for these actions taken in official capacity. However, the proclamation itself remains subject to judicial review (S.R. Bommai case).