Emergency — Set 2
Indian Polity · आपातकाल · Questions 11–20 of 50
Article 358 of the Constitution deals with the suspension of provisions under which Article during an emergency?
Correct Answer: B. Article 19
Article 358 provides for the automatic suspension of the six fundamental rights under Article 19. This suspension happens only when National Emergency is declared on grounds of war or external aggression. It does not apply in cases of armed rebellion.
Article 359 empowers the President to suspend which of the following during an Emergency?
Correct Answer: C. Enforcement of Fundamental Rights
Article 359 empowers the President to suspend the enforcement of Fundamental Rights. This means the rights themselves are not suspended, but the remedy to move court is. However, Articles 20 and 21 cannot be suspended even under this article.
Which Fundamental Rights cannot be suspended even during a National Emergency?
Correct Answer: A. Articles 20 and 21
Articles 20 and 21 cannot be suspended during any emergency. Article 20 deals with protection in respect of conviction for offenses, and Article 21 deals with protection of life and personal liberty. This protection was cemented by the 44th Amendment Act.
Who has the authority to proclaim a National Emergency in India?
Correct Answer: C. President
The President of India has the authority to proclaim a National Emergency. This is done under Article 352 of the Constitution. The President acts on the written recommendation of the Cabinet.
To declare a National Emergency, the President requires a written recommendation from whom?
Correct Answer: B. Cabinet
The President requires a written recommendation from the Cabinet. The 'Cabinet' consists of the Prime Minister and other Cabinet rank ministers. This written requirement safeguards against unilateral decisions by the Prime Minister.
Which Article of the Constitution deals with the imposition of President's Rule in a State?
Correct Answer: D. Article 356
Article 356 deals with the imposition of President's Rule in a State. It is invoked when the constitutional machinery in a state fails. It is popularly known as State Emergency or Constitutional Emergency.
What is the common name used for the emergency declared under Article 356?
Correct Answer: D. President's Rule
The emergency declared under Article 356 is commonly known as President's Rule. It implies the direct control of the President over the state administration. The term 'Emergency' is actually not used in the Constitution for this specific situation.
What is the primary ground for imposing President's Rule under Article 356?
Correct Answer: C. Failure of Constitutional Machinery
The primary ground is the failure of constitutional machinery in the state. This means the state government cannot be carried on in accordance with the provisions of the Constitution. The President can act on the Governor's report or otherwise.
Within what period must a proclamation of President's Rule be approved by Parliament?
Correct Answer: B. 2 months
A proclamation of President's Rule must be approved by Parliament within two months. This period is longer than the one month required for National Emergency. A simple majority is sufficient for this approval.
What is the maximum duration for which President's Rule can generally operate in a state (with extensions)?
Correct Answer: B. 3 years
President's Rule can operate for a maximum period of three years. Extensions beyond one year require specific conditions like an ongoing National Emergency or Election Commission certification. After three years, the proclamation lapses.