Emergency Provisions — Set 7
Constitution Special · आपातकाल प्रावधान · Questions 61–70 of 160
Article 355 imposes a duty on?
Correct Answer: B. The Union (Central Government) to protect every state against external aggression and internal disturbance
Article 355 imposes a duty on the Union to protect every State against external aggression and internal disturbance, and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution. This article provides the constitutional basis for the Centre to intervene in state matters before formally invoking Article 356. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Article 33 empowers Parliament to restrict Fundamental Rights of which category?
Correct Answer: B. Members of Armed Forces and Police
Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of members of the Armed Forces, the Forces charged with the maintenance of public order (like police), persons employed in any bureau or organization established by the State for purposes of intelligence or counter-intelligence, and persons employed by the State in establishments for communications. Parliament can make special laws for these categories in the interest of discipline and proper functioning. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.
Protection of accused person's right against self-incrimination is under?
Correct Answer: C. Article 20(3)
Article 20(3) provides protection against self-incrimination by stating that no person accused of any offence shall be compelled to be a witness against himself. This right applies from the moment of accusation, not just during trial. The Supreme Court has held that this right covers not just oral testimony but also documentary evidence. However, this protection does not extend to real or physical evidence like fingerprints, blood samples, or DNA tests.
During an Emergency under Article 356, who exercises the executive powers of the state?
Correct Answer: B. President through the Governor
During President's Rule under Article 356, the President (through the Governor) assumes all or any of the functions of the state government. The Governor acts as the agent of the President and exercises all executive powers on behalf of the President. The state legislature is either suspended or dissolved and Parliament exercises legislative power over the state.
The Constitution provides for Fundamental Rights available only to citizens (not foreigners). Which of these is available only to citizens?
Correct Answer: C. Article 19 - Six Freedoms
Article 19 with its six fundamental freedoms (freedom of speech, assembly, association, movement, residence, and profession) is available only to citizens of India, not to foreign nationals. In contrast, Articles 14, 20, 21, 22, 23, 24, 25, 26, 27, and 28 are available to all persons (citizens and non-citizens alike). This distinction is important as it limits certain freedoms to those with a special bond with the Indian state.
Which amendment made the Cabinet's written recommendation mandatory before proclamation of Emergency?
Correct Answer: B. 44th Amendment 1978
The 44th Amendment Act (1978) introduced the requirement that the Cabinet must send its written recommendation to the President before the Emergency can be proclaimed under Article 352. This was a direct response to the 1975 Emergency, which was proclaimed on the verbal advice of Prime Minister Indira Gandhi alone without full Cabinet approval. The power to amend the Constitution is a special power that cannot be used to destroy its basic structure.
The concept of 'Preventive Detention' during Emergency is related to which article?
Correct Answer: C. Both Article 22 and emergency powers interact
Article 22 deals with protection against arrest and detention. Under normal circumstances, the right to be produced before a magistrate within 24 hours applies. However, Article 22(4-7) allows for preventive detention laws. During an emergency, this can be further restricted. The Maintenance of Internal Security Act (MISA) was used during the 1975 Emergency for preventive detention.
Emergency provisions in the Indian Constitution were borrowed from which source?
Correct Answer: B. The Government of India Act 1935
The Emergency provisions in the Indian Constitution (Part XVIII, Articles 352-360) were primarily borrowed from the Government of India Act 1935. The 1935 Act contained provisions for proclamation of Emergency in cases of war, external aggression, or internal disturbance. The makers of the Constitution adapted these provisions while also incorporating lessons from the Weimar Republic's experience in Germany.
Under Article 356, President's Rule requires fresh approval from Parliament after how many months?
Correct Answer: C. Every 6 months
Article 356 provides that a Proclamation of President's Rule shall cease to operate at the expiration of six months unless approved by both Houses of Parliament. Every subsequent extension also requires approval by both Houses within six months. Thus, Parliament must approve the continuation of President's Rule every six months.
What does Article 353 do during a National Emergency?
Correct Answer: B. Extends Parliament's legislative power to State List subjects
Article 353 states that while a Proclamation of Emergency is in operation: (a) the executive power of the Union extends to giving directions to any state as to the manner in which the executive power thereof is to be exercised; and (b) the power of Parliament to make laws extends to any matter in the State List (normally reserved for states). This temporarily converts India's federal structure to a unitary structure. Understanding this constitutional provision is essential for competitive examinations and civic awareness.