Emergency — Set 3

Correct Answer: B. Article 360

• **Article 360** = the constitutional provision empowering the President to declare a Financial Emergency when the financial stability or credit of India or any part thereof is threatened. • **Never declared** — Article 360 is the only emergency provision that has never been invoked in India; even the severe balance-of-payments crisis of 1991 was resolved without invoking it. • 💡 Option A (Article 356) is wrong — Article 356 is President's Rule (State Emergency), not Financial Emergency; it is one of the most commonly invoked emergency articles. Option C (Article 352) is wrong — Article 352 deals with National Emergency (war/armed rebellion), not Financial Emergency. Option D (Article 370) is wrong — Article 370 was the special status provision for Jammu and Kashmir; it has no connection to emergency powers under Part XVIII.

Correct Answer: B. 2 months

• **2 Months** = the time limit within which a Financial Emergency proclamation must be approved by simple majority in both Houses of Parliament; if not approved, it ceases after 2 months. • **Simple majority** — Financial Emergency (Article 360) requires only simple majority for approval, same as President's Rule (Article 356), unlike National Emergency (Article 352) which needs special majority. • 💡 Option A (1 year) is wrong — 1 year is not the approval window for Financial Emergency; it has no role in the Article 360 approval mechanism. Option C (1 month) is wrong — 1 month is the approval window for National Emergency (Article 352), not Financial Emergency (Article 360). Option D (6 months) is wrong — 6 months is the initial duration and renewal period of National Emergency and President's Rule, not the Financial Emergency approval deadline.

Correct Answer: D. Indefinite

• **Indefinite** = the duration of a Financial Emergency once it is approved by Parliament; unlike National Emergency (renewable every 6 months) or President's Rule (max 3 years), Financial Emergency has no prescribed upper time limit and continues until the President revokes it. • **No renewal needed** — once approved, Financial Emergency continues without periodic parliamentary renewal; revocation is the only exit mechanism, done by a subsequent Presidential proclamation. • 💡 Option A (3 years) is wrong — 3 years is the maximum duration of President's Rule (Article 356), not Financial Emergency (Article 360). Option B (1 year) is wrong — 1 year is not a constitutionally prescribed duration for Financial Emergency; it is a distracter. Option C (6 months) is wrong — 6 months is the initial/renewal period for National Emergency (Article 352) and President's Rule (Article 356); Financial Emergency has no 6-month cap.

Correct Answer: A. Zero

• **Zero** = the number of times a Financial Emergency has been declared in India; Article 360 has never been invoked since the Constitution came into force in 1950. • **1991 crisis** — India faced a severe balance-of-payments crisis in 1991 requiring an IMF bailout, yet Article 360 was not invoked; the government resolved it through economic reforms instead. • 💡 Option B (Three) is wrong — National Emergency under Article 352 has been declared 3 times (1962, 1971, 1975), not Financial Emergency. Option C (One) is wrong — there has been no instance of a Financial Emergency declaration; the answer is zero, not one. Option D (Two) is wrong — two has no relevance to Financial Emergency declarations; it is purely a distracter.

Correct Answer: D. Three

• **Three times** = the total number of times National Emergency under Article 352 has been declared in India — 1962 (Indo-China War, external aggression), 1971 (Indo-Pakistan War, external aggression), and 1975 (Internal Disturbance, the most controversial). • **1975 Emergency** — declared by President Fakhruddin Ali Ahmed on PM Indira Gandhi's advice; it was the only emergency on 'Internal Disturbance' grounds and lasted 21 months (June 1975 – March 1977). • 💡 Option A (Two) is wrong — two is not the total; there have been three declarations, not two. Option B (One) is wrong — one is also incorrect; three separate emergencies have been proclaimed under Article 352. Option C (Four) is wrong — four overstates the count; there were exactly three National Emergency declarations in independent India's history.

Correct Answer: D. Internal Disturbance

• **Internal Disturbance** = the ground on which the 1975 National Emergency was declared by President Fakhruddin Ali Ahmed on PM Indira Gandhi's advice; this was the only time this ground was used for a National Emergency. • **44th Amendment (1978)** — replaced 'Internal Disturbance' with 'Armed Rebellion' precisely to prevent future misuse of the vague 'Internal Disturbance' ground like the controversial 1975 emergency. • 💡 Option A (External Aggression) is wrong — external aggression was the ground for 1962 (China) and 1971 (Pakistan) emergencies; the 1975 emergency used the internal ground. Option B (Armed Rebellion) is wrong — 'Armed Rebellion' was inserted by the 44th Amendment in 1978 after the 1975 emergency; it was not a ground at the time of the 1975 declaration. Option C (War) is wrong — war is a ground for National Emergency under Article 352, but the 1975 emergency was declared on internal grounds, not war.

Correct Answer: D. Lok Sabha

• **Lok Sabha** = the only House with the special power to pass a disapproval resolution against a National Emergency; if a majority of total Lok Sabha membership passes such a resolution, the President must revoke the emergency. • **44th Amendment (1978)** — introduced this Lok Sabha disapproval mechanism specifically to ensure democratic accountability; it prevents the ruling majority in both Houses from continuing an emergency without Lok Sabha's specific assent. • 💡 Option A (Rajya Sabha) is wrong — Rajya Sabha participates in approving an emergency but does not have the exclusive power to revoke it through a disapproval resolution; that power belongs to Lok Sabha alone. Option B (President only) is wrong — the President can revoke an emergency, but once Lok Sabha passes a disapproval resolution, the President is bound to revoke it; it is not solely the President's discretion. Option C (State Assembly) is wrong — State Assemblies have no role in approving or revoking a National Emergency; that is entirely a parliamentary function.

Correct Answer: A. Parliament

• **Parliament** = the body that gains power to legislate on any subject in the State List during a National Emergency; state legislatures continue to exist but Parliamentary laws override state laws on concurrent and state list subjects. • **Six months post-emergency** — laws made by Parliament on state subjects under emergency powers cease to operate 6 months after the emergency ends (unless Parliament re-enacts them under normal legislative powers). • 💡 Option B (President) is wrong — the President cannot personally make laws; Parliament legislates and the President assents; lawmaking shifts to Parliament, not the President. Option C (State Assembly) is wrong — State Assemblies retain their existence but their laws can be overridden by Parliament during a National Emergency; they do not gain extra powers. Option D (Governor) is wrong — the Governor acts as the President's representative but does not gain legislative powers during a National Emergency; legislative power moves to Parliament, not the Governor.

Correct Answer: B. 1 year

• **1 Year** = the amount by which Parliament can extend the tenure of Lok Sabha at a time during a National Emergency, subject to the condition that such extension cannot continue beyond 6 months after the emergency ceases. • **5th Lok Sabha** — the most notable; it was extended twice using this provision during the 1975 emergency, making its term 6 years (1971–1977) instead of the normal 5 years. • 💡 Option A (2 years) is wrong — Parliament cannot extend Lok Sabha tenure by 2 years at once during an emergency; the limit is 1 year per extension. Option C (6 months) is wrong — 6 months is the post-emergency outer limit after which no further extension is possible, not the extension quantum itself. Option D (3 years) is wrong — 3 years has no role in Lok Sabha tenure extension; it is the maximum duration of President's Rule under a different provision.

Correct Answer: B. Yes

• **Yes** = National Emergency proclamations are subject to judicial review; the Supreme Court can. • **Minerva Mills (1980) + 44th Amendment (1978)** — the 38th Amendment (1975) had made emergency proclamations non-justiciable; the 44th Amendment removed that bar; Minerva Mills confirmed that courts can strike down a mala fide emergency. • 💡 Option A (Only for Finance) is wrong — there is no constitutional provision restricting judicial review of emergencies to financial matters only; all emergency proclamations can be reviewed on merits. Option C (Only for War) is wrong — war-based emergencies are equally subject to review if the facts are disputed or malafide; there is no 'war only' exemption. Option D (No) is wrong — before 1978 this would have been arguably correct (under 38th Amendment), but since the 44th Amendment, judicial review of emergency proclamations is explicitly available.