Emergency — Set 3
Indian Polity · आपातकाल · Questions 21–30 of 50
Which Article empowers the President to declare a Financial Emergency?
Correct Answer: B. Article 360
Article 360 empowers the President to declare a Financial Emergency. It is declared if the President is satisfied that financial stability or credit of India is threatened. This type of emergency has never been declared in India so far.
What is the time limit for parliamentary approval of a Financial Emergency proclamation?
Correct Answer: B. 2 months
A proclamation of Financial Emergency must be approved within two months. It requires approval by a simple majority of both Houses. Once approved, it continues indefinitely until revoked.
Once approved by Parliament, what is the maximum duration of a Financial Emergency?
Correct Answer: D. Indefinite
Once approved, Financial Emergency continues indefinitely without repeated legislative approval. There is no maximum limit prescribed for its operation. It continues until the President revokes it.
How many times has a Financial Emergency been declared in India so far?
Correct Answer: A. Zero
The correct answer is 'Zero'. A Financial Emergency has never been declared in India so far. Even during the serious financial crisis of 1991, Article 360 was not invoked. It remains an unused provision of the Constitution.
How many times has a National Emergency (Article 352) been declared in India?
Correct Answer: D. Three
National Emergency has been declared three times in India. The instances were in 1962 (China war), 1971 (Pakistan war), and 1975 (Internal disturbance). The 1975 emergency is the most controversial one.
On what ground was the National Emergency of 1975 declared?
Correct Answer: D. Internal Disturbance
The 1975 National Emergency was declared on the ground of 'Internal Disturbance'. This term was later removed by the 44th Amendment to prevent misuse. It was the first and only time this specific ground was used.
Who has the power to pass a resolution to disapprove and revoke a National Emergency?
Correct Answer: D. Lok Sabha
The Lok Sabha has the special power to disapprove the continuance of a National Emergency. If the Lok Sabha passes a resolution disapproving it, the President must revoke the emergency. This safeguard was introduced by the 44th Amendment.
Who gains the power to make laws on subjects in the State List during a National Emergency?
Correct Answer: A. Parliament
Parliament becomes empowered to make laws on any subject in the State List during a National Emergency. However, the state legislatures are not necessarily suspended. The laws made by Parliament on state subjects cease to operate six months after the emergency ends.
By how long can the tenure of the Lok Sabha be extended at a time during a National Emergency?
Correct Answer: B. 1 year
The tenure of the Lok Sabha can be extended by Parliament for one year at a time during a National Emergency. This extension cannot continue beyond six months after the emergency ceases. The 5th Lok Sabha was extended twice using this provision.
Is the proclamation of National Emergency subject to Judicial Review?
Correct Answer: B. Yes
Yes, the proclamation of National Emergency is subject to Judicial Review. The Supreme Court in the Minerva Mills case (1980) held that it can be challenged if based on malafide or irrelevant facts. The 38th Amendment had earlier barred this, but the 44th Amendment removed that bar.