Emergency — Set 2

Correct Answer: B. Article 19

• **Article 19** = the six freedoms (speech, assembly, movement, etc.) whose enforcement is automatically suspended under Article 358 during a National Emergency declared on grounds of war or external aggression. • **Automatic + limited** — suspension under Article 358 is automatic (no Presidential order needed) but applies only to war/external aggression emergencies, NOT to armed rebellion emergencies. • 💡 Option A (Article 21) is wrong — Article 21 (right to life and personal liberty) cannot be suspended even during emergency; it is expressly protected by the 44th Amendment. Option C (Article 14) is wrong — Article 14 (equality before law) is not automatically suspended under Article 358; Article 14 suspension would require a Presidential order under Article 359. Option D (Article 32) is wrong — Article 32 (right to constitutional remedies) can be suspended by Presidential order under Article 359, not under Article 358 which specifically covers Article 19.

Correct Answer: C. Enforcement of Fundamental Rights

• **Enforcement of Fundamental Rights** = what Article 359 allows the President to suspend by order during a National Emergency — the rights themselves technically exist but courts cannot be moved to enforce them. • **Article 359 vs Article 358** — Article 358 suspends Article 19 automatically during war/external aggression; Article 359 requires a Presidential order and can apply to any specified Fundamental Rights (except Articles 20 and 21) during any type of emergency. • 💡 Option A (Article 19 only) is wrong — Article 19 suspension is dealt with by Article 358, not 359; Article 359 applies to other specified Fundamental Rights. Option B (Lok Sabha) is wrong — suspending Lok Sabha is not a power under Article 359; Parliament can be prorogued or dissolved but not 'suspended'. Option D (The Constitution itself) is wrong — the Constitution itself can never be suspended under any emergency provision; only specific rights or their enforcement can be restricted.

Correct Answer: A. Articles 20 and 21

• **Articles 20 and 21** = the only two Fundamental Rights that cannot be suspended under any circumstances during any type of National Emergency — Article 20 protects against arbitrary conviction, Article 21 protects life and personal liberty. • **44th Amendment (1978)** — enshrined the non-suspendability of Articles 20 and 21 as an absolute guarantee; even a Presidential order under Article 359 cannot override these two articles. • 💡 Option B (Articles 29 and 30) is wrong — Articles 29 and 30 deal with cultural and educational rights of minorities; they are not the articles immune from emergency suspension. Option C (Articles 32 and 226) is wrong — Article 32 (Supreme Court writ jurisdiction) and Article 226 (High Court writ jurisdiction) can be suspended by Presidential order under Article 359 during emergency. Option D (Articles 14 and 19) is wrong — Article 14 (equality) and Article 19 (freedoms) can be suspended during emergency; only Articles 20 and 21 are absolutely protected.

Correct Answer: C. President

• **President of India** = the constitutional authority who proclaims a National Emergency under Article 352, acting on the written recommendation of the Union Cabinet. • **Article 352** — grants the President this power; the President acts in a formal/ceremonial capacity and cannot act on personal discretion; the real decision rests with the Cabinet. • 💡 Option A (Prime Minister) is wrong — the Prime Minister chairs the Cabinet but does not personally issue the proclamation; the President formally proclaims it. Option B (Chief Justice of India) is wrong — the CJI has no role in proclaiming emergencies; the judiciary can only review an emergency proclamation, not issue it. Option D (Speaker of Lok Sabha) is wrong — the Speaker presides over Lok Sabha proceedings; approving or proclaiming an emergency is an executive, not a legislative presiding function.

Correct Answer: B. Cabinet

• **Cabinet** = the body whose written recommendation is mandatory for the President before proclaiming a National Emergency under Article 352; this means the full Union Cabinet (PM + Cabinet ministers), not just the PM alone. • **44th Amendment (1978)** — introduced the 'written recommendation' requirement specifically to prevent the PM from advising the President verbally or unilaterally, ensuring collective Cabinet responsibility. • 💡 Option A (Governor) is wrong — the Governor is the state-level constitutional head; a Governor has no role in recommending a National Emergency under Article 352. Option C (Parliament) is wrong — Parliament's role is to approve the emergency after proclamation within 1 month, not to recommend it beforehand. Option D (Prime Minister alone) is wrong — before 1978 this was a loophole, but the 44th Amendment explicitly required the full Cabinet's written recommendation, making 'PM alone' the classic wrong option.

Correct Answer: D. Article 356

• **Article 356** = the constitutional provision that enables imposition of President's Rule in a State when the President is satisfied that the constitutional machinery in that state has broken down. • **State Emergency / Constitutional Emergency** — the popular names for Article 356 action; on its imposition, the State legislature is either suspended or dissolved and the State is governed by the President through the Governor. • 💡 Option A (Article 352) is wrong — Article 352 deals with National Emergency (external threat or armed rebellion), not President's Rule in a state. Option B (Article 360) is wrong — Article 360 deals with Financial Emergency, not State Emergency. Option C (Article 365) is wrong — Article 365 concerns failure of states to comply with Central directions (it is a reason to invoke Article 356, not Article 356 itself).

Correct Answer: D. President's Rule

• **President's Rule** = the common name for the emergency imposed under Article 356 when constitutional machinery in a state breaks down; the state is then governed by the President through the Governor. • **Constitutional terminology** — the Constitution itself does not use the term 'President's Rule'; it is known as 'State Emergency' or 'Constitutional Emergency' in academic usage, but 'President's Rule' is the widely accepted popular name. • 💡 Option A (Governor's Rule) is wrong — the Governor implements President's Rule and acts as the President's agent, but the rule is named after the President, not the Governor. Option B (Military Rule) is wrong — military rule implies armed forces governance; Article 356 President's Rule is civilian central government control, not military. Option C (Prime Minister's Rule) is wrong — there is no constitutional provision called 'Prime Minister's Rule'; the PM heads the Cabinet but does not individually govern a state under emergency.

Correct Answer: C. Failure of Constitutional Machinery

• **Failure of Constitutional Machinery** = the primary ground for imposing President's Rule under Article 356; it means the state government can no longer be carried on in accordance with constitutional provisions. • **Governor's report or otherwise** — the President can impose Article 356 on the Governor's report or even without such a report ('otherwise'); the latter gives the Centre discretion which has been misused historically. • 💡 Option A (War) is wrong — war or external aggression is the ground for National Emergency under Article 352, not President's Rule under Article 356. Option B (Internal Disturbance) is wrong — internal disturbance (now 'armed rebellion') triggers Article 352, not Article 356; conflating these two is. Option D (Financial Crisis) is wrong — financial instability is the ground for Financial Emergency under Article 360, which is a separate provision entirely.

Correct Answer: B. 2 months

• **2 Months** = the period within which a President's Rule proclamation must be approved by both Houses of Parliament by simple majority; if not approved, it ceases to operate after 2 months. • **Simple majority** — unlike National Emergency (which requires special majority), President's Rule proclamation approval requires only a simple majority in each House of Parliament. • 💡 Option A (6 months) is wrong — 6 months is the initial duration of President's Rule after approval, not the approval window; this is a reversal trap. Option C (1 month) is wrong — 1 month is the approval window for National Emergency under Article 352, not for President's Rule under Article 356. Option D (14 days) is wrong — 14 days is not a constitutionally prescribed period for any emergency approval; it is sometimes confused with notice periods.

Correct Answer: B. 3 years

• **3 Years** = the maximum total period for which President's Rule can generally operate in a state; after 1 year, each 6-month extension requires either a National Emergency being in operation in the state OR an Election Commission certification that elections cannot be held. • **SR Bommai case (1994)** — the Supreme Court ruled that imposition of President's Rule is subject to judicial review, and the floor test (majority on the floor of the House) must be allowed before dismissing a state government. • 💡 Option A (6 months) is wrong — 6 months is the initial duration of each approved period of President's Rule, not the maximum total duration. Option C (Indefinite) is wrong — indefinite duration applies to Financial Emergency (Article 360) once approved; President's Rule has a 3-year maximum. Option D (1 year) is wrong — 1 year is when special extension conditions kick in, not the maximum total; the correct maximum is 3 years.