Emergency Provisions — Set 2

Correct Answer: B. Two-thirds of members present and voting AND majority of total membership of each House

The special majority required under Article 352(6) for Parliament to approve a Proclamation of National Emergency is: a majority of the total membership of each House AND not less than two-thirds of the members of each House present and voting. This double majority requirement makes it difficult to impose the Emergency without broad consensus. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: A. Religion, Race, Caste, Sex, Place of birth

Article 15 prohibits the State from discriminating against citizens on grounds of religion, race, caste, sex, or place of birth. This applies to access to public places, use of public facilities, and state-run services. Article 15(3) allows special provisions for women and children, and Article 15(4) allows reservations for socially and educationally backward classes. Article 15(5) added by the 93rd Amendment allows reservations in private educational institutions.

Correct Answer: B. Article 19

Article 19 guarantees six fundamental freedoms to citizens including freedom of speech and expression, assembly, association, movement, residence, and profession. These rights are not absolute and can be restricted by the State on reasonable grounds specified in clauses (2) to (6). The grounds for restricting speech include sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, and morality. Article 19 applies only to citizens, not foreign nationals.

Correct Answer: B. Article 20(2)

Article 20(2) provides protection against double jeopardy, which means no person can be prosecuted and punished for the same offence more than once. This protection is available once a person has been either convicted or acquitted of an offence. Article 20(1) protects against ex-post facto laws, Article 20(2) against double jeopardy, and Article 20(3) against self-incrimination. These are protections against arbitrary criminal prosecution.

Correct Answer: B. For any period — by one-year extensions, as long as Emergency lasts

During a National Emergency, Article 352(4) allows Parliament to extend the normal 5-year term of the Lok Sabha by one year at a time for as long as the Emergency is in force. This extension cannot continue beyond six months after the Proclamation has ceased to operate. This provision was invoked during the 1975-1977 Emergency when the Lok Sabha's term was extended.

Correct Answer: C. President on a resolution passed by Lok Sabha by simple majority

A Proclamation of National Emergency can be revoked by the President at any time. However, the 44th Amendment (1978) introduced a significant check: if a resolution is passed by Lok Sabha by a simple majority (more than half of total members) requesting the revocation, the President must revoke the Proclamation. This gives Lok Sabha power to end an Emergency.

Correct Answer: B. Maneka Gandhi case

The Maneka Gandhi vs Union of India (1978) case gave Article 21 an expanded meaning by holding that 'procedure established by law' must be fair, just, and reasonable (not merely any procedure). Earlier, the A.K. Gopalan case (1950) had held a narrow interpretation. After Maneka Gandhi case, the Court has read many rights into Article 21 including right to livelihood, right to health, right to education, right to privacy, and right to a clean environment.

Correct Answer: C. 3 months

Article 22 provides safeguards against arrest and detention. Under Article 22(4), no law for preventive detention can authorize detention beyond 3 months unless an Advisory Board (consisting of judges or persons qualified to be judges of High Court) has reported sufficient cause for such detention. The person detained must be informed of the grounds of detention and given opportunity to make a representation. These rights cannot be suspended during an Emergency.

Correct Answer: B. Traffic in human beings and forced labour

Article 23 prohibits traffic in human beings (includes slavery, prostitution, and other forms of human trafficking) and beggar (forced labour). These are Fundamental Rights enforceable against both the State and private individuals. Article 24 separately prohibits employment of children below 14 years in factories, mines, or hazardous employment. Article 23 and 24 together form the Right against Exploitation.

Correct Answer: B. Freedom of conscience and right to practice religion

Articles 25-28 guarantee freedom of religion. Article 25 gives every person the right to freely profess, practice, and propagate religion subject to public order, morality, and health. Article 26 gives religious denominations the right to manage their religious affairs. Article 27 provides that no person shall be compelled to pay taxes for promotion of any religion. Article 28 prohibits religious instruction in State-funded educational institutions.