Emergency Provisions — Set 8

Correct Answer: B. Rajya Sabha cannot be dissolved and must approve Emergency proclamation

The Rajya Sabha cannot be dissolved (it is a permanent body). During National Emergency, both Houses must approve the proclamation. Since the Lok Sabha's term can be extended, the Rajya Sabha's role becomes particularly significant as a permanent check — it must approve every six-month renewal of the Emergency, preventing executive abuse.

Correct Answer: B. Article 354

Article 354 provides that while a Proclamation of Emergency is in operation, the President may by Order direct that the provisions of Articles 268-279 (dealing with distribution of revenues between the Union and states) shall apply with certain modifications or exceptions. This allows the Centre to retain more revenue during an emergency. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. When India's financial stability or credit is threatened

Article 360 allows the President to proclaim a Financial Emergency when the financial stability or credit of India or of any part thereof is threatened. No Financial Emergency has ever been declared in India since independence. The term 'financial stability' includes both the value of the rupee and India's ability to meet its international obligations.

Correct Answer: C. More than 100 times

President's Rule (Article 356) has been imposed more than 130 times in India since 1950. The most frequent impositions were in the 1980s and 1990s. After the S.R. Bommai judgment (1994), which held that President's Rule is subject to judicial review, the frequency of impositions decreased significantly. States that have had the most proclamations include Manipur, Uttar Pradesh, and Punjab.

Correct Answer: C. As soon as the Emergency Proclamation is revoked

Article 358(2) provides that after the Proclamation of Emergency ceases to operate, the suspension of Article 19 rights immediately ceases, but things done or omitted to be done before the cessation will still be valid. Thus, the rights are restored immediately when the Emergency is revoked, but past actions under the Emergency remain valid. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Article 352(4)

Article 352(4) provides that the period of extension of the Lok Sabha under Article 83 cannot exceed one year at a time during a National Emergency, and shall in no case extend beyond a period of six months after the Proclamation has ceased to operate. The Rajya Sabha, being a permanent body, continues regardless of Emergency. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: B. Opposition parties were banned and leaders arrested under MISA and other laws

During the Emergency of 1975-77, opposition political leaders were arrested under MISA (Maintenance of Internal Security Act), DIR (Defence of India Rules), and COFEPOSA (Conservation of Foreign Exchange). Political activities of opposition parties were effectively curbed. The press was censored. Only the ruling Indian National Congress and its allies functioned freely.

Correct Answer: B. Excesses committed during the 1975-77 Emergency period

The Shah Commission of Inquiry was set up by the Janata Government in 1977, chaired by Justice J.C. Shah (former Chief Justice of India), to investigate the excesses committed during the Emergency period (1975-77). It investigated illegal arrests, torture, forced sterilization, destruction of slums, and press censorship. Its reports documented widespread abuse of power.

Correct Answer: C. Article 256 and 257

Articles 256 and 257 give the Centre power to direct states to comply with Central laws (Article 256) and to comply in ways necessary for proper exercise of Union's executive power (Article 257). Article 365 provides that if a state fails to comply with such directions, it shall be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the Constitution. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. Reduce their salaries temporarily

During a Financial Emergency under Article 360, the President can direct that the salaries and allowances of all or any class of persons serving in connection with the affairs of the Union or of a state, including judges of the Supreme Court and High Courts, shall be reduced. This is one of the rare provisions that allows reduction of judicial salaries. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.