Emergency Provisions — Set 4
Constitution Special · आपातकाल प्रावधान · Questions 31–40 of 160
During Financial Emergency (Article 360), the President can?
Correct Answer: B. Give directions to states for observance of financial propriety and reduce salaries of government servants
During a Financial Emergency under Article 360, the Executive power of the Union extends to giving directions to states regarding observing canons of financial propriety. The President can direct that the salaries and allowances of all government employees, including Supreme Court and High Court judges, be reduced. This provision has never been invoked in India.
Writs can be issued by the Supreme Court under Article 32 and by High Courts under which Article?
Correct Answer: C. Article 226
Article 226 empowers High Courts to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of Fundamental Rights or for any other purpose. Unlike Article 32 (Supreme Court), which is limited to enforcement of Fundamental Rights, Article 226 has a wider scope and allows High Courts to issue writs for any 'other purpose' as well. High Court jurisdiction under Article 226 can be exercised even when no Fundamental Right is violated.
Which article was added by the 44th Amendment to protect against arbitrary deprivation of property?
Correct Answer: A. Article 300A
Article 300A was inserted by the 44th Constitutional Amendment, 1978 which states that no person shall be deprived of his property save by authority of law. After the 44th Amendment removed the Right to Property from Fundamental Rights (Article 31), Article 300A became the only constitutional protection for property. Since it is a constitutional right but not a Fundamental Right, its violation cannot directly attract Article 32 writ jurisdiction of the Supreme Court.
The concept of Fundamental Rights in the Indian Constitution was borrowed from?
Correct Answer: C. US Bill of Rights
The concept of Fundamental Rights and their justiciability in the Indian Constitution was primarily borrowed from the Bill of Rights of the United States Constitution. The American Constitution's first ten amendments (Bill of Rights) provided the model for guaranteed individual rights enforceable by courts. However, unlike the US Bill of Rights which was added after the Constitution, India's Fundamental Rights were incorporated from the beginning in Part III. India also drew from the Irish Constitution for Directive Principles.
How many Fundamental Rights are currently in the Indian Constitution?
Correct Answer: A. 6
Currently there are 6 Fundamental Rights in the Indian Constitution under Part III (Articles 12-35). These are: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Article 32). The Right to Property was originally a Fundamental Right but was removed by the 44th Amendment in 1978.
The maximum period for which President's Rule under Article 356 can continue in a state is?
Correct Answer: B. 3 years
Article 356 allows President's Rule to continue for 6 months initially, extendable up to 3 years. An extension beyond 1 year requires: (1) a proclamation of National Emergency (Article 352) in force in the whole of India or that state, AND (2) a certificate by the Election Commission that it is not possible to hold elections. The maximum has been 3 years.
Right to Privacy was declared a Fundamental Right by the Supreme Court in which year?
Correct Answer: C. 2017
The Supreme Court of India in a landmark 9-judge bench decision in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017) unanimously declared that the Right to Privacy is a Fundamental Right under Article 21 of the Constitution. The judgment overruled earlier decisions in M.P. Sharma (1954) and Kharak Singh (1963) that had held privacy was not a Fundamental Right. This judgment has significant implications for data protection and surveillance laws in India.
Which Article provides protection to persons convicted of offences against ex-post facto laws?
Correct Answer: A. Article 20(1)
Article 20(1) provides that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence. This means no one can be punished under a law that did not exist when the act was committed (ex-post facto laws). Article 20(1) also prohibits greater penalty than was applicable at the time of the commission of the offence. This protects against retrospective criminal legislation.
Fundamental Rights are enforceable against?
Correct Answer: C. State as defined in Article 12
Fundamental Rights are enforceable against the 'State' as broadly defined in Article 12. This includes the Government of India, Parliament, the government of each state, local or other authorities within the territory of India, and other authorities under the control of Government of India. Some Fundamental Rights like Article 17 (abolition of untouchability) and Article 23 (prohibition of traffic in human beings) can also be enforced against private individuals.
Can Fundamental Rights be suspended during National Emergency under Article 352?
Correct Answer: B. Only Article 19 rights can be suspended
During a National Emergency under Article 352, the Fundamental Rights under Article 19 are automatically suspended (Article 358). Other Fundamental Rights can be suspended by a Presidential Order under Article 359, except for rights under Articles 20 and 21 which can never be suspended even during an Emergency. The 44th Amendment added this protection for Articles 20 and 21 to prevent their misuse during Emergency as happened during the 1975-77 Internal Emergency.