Emergency Provisions — Set 3
Constitution Special · आपातकाल प्रावधान · Questions 21–30 of 160
When a National Emergency is in operation, Parliament can make laws on which subjects?
Correct Answer: C. State List subjects (Parliament can legislate on state subjects)
Under Article 353, when a National Emergency is in force, Parliament has power to make laws for any part of India, including on subjects in the State List (which are normally the exclusive domain of state legislatures). This effectively converts the federal structure into a unitary one during emergencies. State legislative power is not taken away but the Central Parliament's power is expanded.
The famous 'Emergency of 1975-77' was proclaimed on what grounds?
Correct Answer: C. Internal disturbance (threat to internal security)
The 1975-77 Emergency was proclaimed under Article 352 on the grounds of 'internal disturbance' threatening India's security. This was the most controversial invocation of Article 352. After the 44th Amendment, 'internal disturbance' was replaced by 'armed rebellion', making it harder to invoke the Emergency for mere political reasons.
Cultural and Educational Rights under Articles 29-30 protect?
Correct Answer: B. Rights of linguistic and religious minorities
Articles 29-30 protect the cultural and educational rights of minorities. Article 29 gives every section of citizens the right to conserve its distinct language, script, or culture. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice. The State shall not discriminate against minority institutions in granting aid. These rights protect the diverse cultural fabric of India.
Abolition of untouchability is provided under which Article?
Correct Answer: C. Article 17
Article 17 abolishes untouchability and forbids its practice in any form. Enforcement of any disability arising out of untouchability shall be an offence punishable under law. The Protection of Civil Rights Act, 1955 (earlier Untouchability Offences Act 1955) was enacted to give effect to Article 17. Article 17 applies not only against the State but also against private individuals, making it one of the unique Fundamental Rights.
Article 16 provides equality of opportunity in matters of?
Correct Answer: B. Public employment
Article 16 guarantees equality of opportunity to all citizens in matters relating to employment or appointment to any office under the State. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence. Article 16(3) allows Parliament to make laws prescribing residence requirements for certain state employment. Article 16(4) allows reservation for backward classes inadequately represented in state services.
Article 356 has never been invoked in which state? (Which state has had the longest uninterrupted democratic governance?)
Correct Answer: C. West Bengal
West Bengal has the longest continuous democratic record without President's Rule — it has never had Article 356 imposed. West Bengal had a continuous Left Front government for 34 years (1977-2011). This record of uninterrupted democratic governance stands as an example of strong democratic institutions at the state level.
Abolition of titles is provided under which Article?
Correct Answer: C. Article 18
Article 18 abolishes titles and provides that no title (except military or academic distinctions) shall be conferred by the State. No citizen shall accept any title from a foreign State without the President's consent. No person holding an office of profit under the State shall accept any present, emolument, or office from any foreign State without the President's consent. This article promotes republicanism and equality by eliminating hereditary distinctions.
Right to Education as a Fundamental Right was added by which Constitutional Amendment?
Correct Answer: A. 86th Amendment 2002
The 86th Constitutional Amendment Act, 2002 inserted Article 21-A which provides for free and compulsory education to all children between 6 and 14 years as a Fundamental Right. Accordingly, the Right of Children to Free and Compulsory Education Act (RTE Act) was enacted in 2009. The 86th Amendment also amended Article 45 (Directive Principle) and Article 51A (Fundamental Duties) to reflect this change. India became the 135th country to make education a fundamental right.
What safeguard was added by the 44th Amendment (1978) to prevent misuse of Article 352?
Correct Answer: B. The Cabinet must write to the President in writing before Emergency is proclaimed
The 44th Amendment (1978) added an important safeguard: the President can proclaim a National Emergency only after receiving the Cabinet's written recommendation. Previously, a verbal recommendation by the PM was sufficient (as in 1975). The Amendment also required Parliamentary approval within one month and replaced 'internal disturbance' with 'armed rebellion'.
Which Fundamental Right was deleted by the 44th Constitutional Amendment?
Correct Answer: A. Right to Property
The 44th Constitutional Amendment Act, 1978 deleted the Right to Property (Article 31) from the list of Fundamental Rights. Now property rights are only a legal right under Article 300-A which states that no person shall be deprived of his property save by authority of law. The 44th Amendment was passed by the Janata government under Prime Minister Morarji Desai. The right to property as a Fundamental Right was always controversial due to land reform legislation.