Emergency Provisions — Set 5
Constitution Special · आपातकाल प्रावधान · Questions 41–50 of 160
The Proclamation of Emergency under Article 352 is subject to judicial review. This was established in?
Correct Answer: C. S.R. Bommai v. Union of India (1994)
In S.R. Bommai v. Union of India (1994), the Supreme Court held that the Proclamation of President's Rule under Article 356 is subject to judicial review. Similarly, in the ADM Jabalpur case (1976), the Supreme Court (controversially) held that Fundamental Rights are suspended during Emergency. The Courts have consistently moved toward greater oversight of emergency powers.
Which Article enables the Parliament to enact laws for giving effect to international treaties?
Correct Answer: B. Article 253
Article 253 enables Parliament to make laws for the whole or any part of India for implementing international treaties, agreements, or conventions. This power is an exception to the normal federal division of powers as it allows Parliament to legislate even on State List subjects. Many important laws like the Wildlife Protection Act have been enacted using this Article. This power ensures India can fulfill its international obligations even when they touch on state subjects.
During an Emergency under Article 356, which powers does Parliament exercise on behalf of the state?
Correct Answer: C. Legislative powers — Parliament makes laws for the state on State List subjects
Under Article 357, when a Proclamation under Article 356 is in operation, Parliament is empowered to confer on the President the power to make laws with respect to any matter in the State List for the state. The state legislature is either suspended or dissolved. Laws made by Parliament for the state during this period continue in force even after the proclamation has ceased.
Article 35 gives power to Parliament to legislate on which matters?
Correct Answer: B. Enforce Article 17 and 23, and to prescribe punishment for Article 20 violations
Article 35 empowers Parliament to make laws for giving effect to specified Fundamental Rights. Parliament has power to legislate: on matters under Articles 16(3), 32(3), 33, 34 and to prescribe punishment for acts declared offences under Part III (particularly Articles 17, 23). Parliament alone has power to legislate on these matters, to the exclusion of state legislatures. This ensures uniform laws across India for protecting Fundamental Rights.
Habeas Corpus literally means?
Correct Answer: C. You shall have the body
Habeas Corpus is a Latin phrase that literally means 'you shall have the body.' It is a writ issued by a court to a person detaining another, requiring the detainee to be brought before the court to examine the legality of detention. If the detention is found to be unlawful, the court orders release. The Habeas Corpus writ is considered the most important safeguard of personal liberty. In India, it can be issued by both the Supreme Court (Article 32) and High Courts (Article 226).
Rights of individuals during Emergency — which rights under Article 20 and 21 CANNOT be suspended even during National Emergency?
Correct Answer: B. Rights under Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty)
Even during a National Emergency under Article 352, the rights guaranteed under Articles 20 and 21 cannot be suspended. Article 20 protects against: conviction for offences other than violation of existing laws, double jeopardy, and self-incrimination. Article 21 protects the right to life and personal liberty. These were made non-suspendable by the 44th Amendment (1978).
'Mandamus' writ is issued to?
Correct Answer: C. Command a public authority to perform its duty
Mandamus (Latin for 'we command') is a writ issued by a court ordering a public authority, government official, lower court, or tribunal to perform a duty that is mandatory in nature and which they have refused or failed to perform. It can be issued against government authorities, corporations, and even inferior courts. Unlike habeas corpus which protects personal liberty, mandamus is used to compel performance of public duties. It cannot be issued against the President or Governors of states.
The Right to Information Act, 2005 gives effect to which Fundamental Right?
Correct Answer: B. Right to Freedom of Speech and Expression
The Right to Information Act, 2005 gives practical effect to the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution. The Supreme Court had held in several cases that freedom of speech includes the right to receive information. The RTI Act enables citizens to obtain information from government authorities within 30 days. It has been described as a revolutionary instrument for promoting transparency and accountability in government.
Which Article provides that no law shall be made abridging the freedom of press?
Correct Answer: A. Article 19 (by implication)
Freedom of the press is not explicitly mentioned in the Indian Constitution but is implied within the freedom of speech and expression under Article 19(1)(a). The Supreme Court has held in several cases including Romesh Thapar vs State of Madras (1950) that freedom of press is an essential part of freedom of speech and expression. Restrictions on press freedom must meet the reasonable restrictions test under Article 19(2). This implies freedom of journalism and media.
The state of Punjab was under President's Rule for the longest period due to?
Correct Answer: B. Militancy and insurgency (Khalistan movement) from 1987-1992
Punjab was under President's Rule for the longest unbroken period (1987-1992) due to the Khalistan militancy and insurgency. During this 5-year period, Punjab's elected government was dissolved and the state was governed through Article 356. Elections were finally held in February 1992. This remains the longest single spell of President's Rule in any Indian state.