Emergency Provisions — Set 9
Constitution Special · आपातकाल प्रावधान · Questions 81–90 of 160
Under Article 352(3) amended by 44th Amendment, how many members must sign to initiate revocation of Emergency?
Correct Answer: C. One-tenth (1/10th) of total Lok Sabha members
Article 352(3) allows a notice signed by not less than one-tenth of the total number of members of the Lok Sabha to be given to the Speaker (or if the House is not in session, to the President). This can lead to a special sitting of the Lok Sabha to consider a resolution for the disapproval or revocation of the Proclamation of National Emergency. The power to amend the Constitution is a special power that cannot be used to destroy its basic structure.
A Proclamation of Financial Emergency (Article 360) must be approved by Parliament within?
Correct Answer: B. Two months
A Proclamation of Financial Emergency under Article 360 must be approved by resolutions of both Houses of Parliament within two months. If the Lok Sabha is dissolved and the Proclamation has been approved by the Rajya Sabha, the Proclamation continues until 30 days after the Lok Sabha first sits after reconstitution. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.
Which article specifically prohibits imposition of President's Rule as a means to topple a government that has majority in the assembly?
Correct Answer: B. No direct article — derived from S.R. Bommai judgment (1994)
There is no direct article in the Constitution that explicitly prohibits misuse of Article 356. However, the S.R. Bommai v. Union of India (1994) Supreme Court judgment established judicially that the floor test is the proper way to determine majority, that the Governor's report must be based on objective material, and that imposing President's Rule just to defeat a majority government is unconstitutional.
What is the 'Doctrine of Colorable Legislation' relevant to emergency provisions?
Correct Answer: A. Making laws that appear to be within power but are actually beyond power
The Doctrine of Colorable Legislation means a legislature cannot do indirectly what it cannot do directly — it cannot disguise a law to appear within its competence when it is actually outside. Applied to emergency provisions, this means the Centre cannot use emergency powers as a pretext to legislate on state subjects when the actual purpose is political. Courts can look into the real intent.
Under Article 356, the President can take over which functions of the state?
Correct Answer: C. Executive functions, and Parliament can make laws on State List subjects
When President's Rule is proclaimed under Article 356, the President assumes the executive functions of the state government. The state legislature is suspended or dissolved. Parliament acquires the power to legislate on State List subjects for that state under Article 357. However, judicial functions remain with the High Court — courts cannot be affected by President's Rule.
Which constitutional provision specifically says that Parliament must approve revocation of National Emergency?
Correct Answer: C. There is no article requiring Parliamentary approval for revocation
There is no constitutional provision requiring Parliamentary approval to revoke a National Emergency. The President can revoke a National Emergency at any time. However, Article 352(3) provides a mechanism for the Lok Sabha to pass a simple majority resolution requesting revocation, which binds the President. Thus revocation happens through presidential action following a Lok Sabha request.
The 1975 Emergency ended when?
Correct Answer: C. Lok Sabha elections were announced in January 1977 and the Emergency was lifted in March 1977
The 1975 Emergency was lifted in January-March 1977. Prime Minister Indira Gandhi announced Lok Sabha elections on January 18, 1977 and released political prisoners. The formal revocation of the Emergency proclamation occurred in March 1977. The general elections resulted in a landslide victory for the Janata Party, which formed the government under Morarji Desai.
Under the Constitution, who has the power to approve the Proclamation of Emergency?
Correct Answer: C. Both Houses of Parliament separately with special majority
Under Article 352(6), the Proclamation of Emergency must be approved separately by both Houses of Parliament — each House by a majority of the total membership and not less than two-thirds of the members present and voting. A joint sitting is NOT used for Emergency approval. This double-House requirement provides a stronger check.
Which article expressly prohibits reduction of judicial salaries except in circumstances prescribed?
Correct Answer: C. Both Article 125 and 221
Article 125 provides for the salaries of Supreme Court Judges and Article 221 for High Court Judges. These articles say the salaries shall be determined by Parliament and cannot be reduced after the appointment. The only exception is during a Financial Emergency under Article 360, where even judges' salaries can be reduced by Presidential direction.
The 'Federalism vs Unitary' debate is most relevant to which emergency provision?
Correct Answer: B. Article 352 (National Emergency) and Article 356 (President's Rule) which temporarily convert the federal structure to unitary
Articles 352 and 356 are most relevant to the federalism vs. unitary debate. Under Article 352, Parliament acquires power over State List subjects and Centre can issue executive directions to states. Under Article 356, the President virtually runs the state government. Both provisions temporarily convert India's federal structure to a unitary structure, making them controversial from the perspective of state autonomy.