Emergency — Set 4
Indian Polity · आपातकाल · Questions 31–40 of 50
Which Article specifically defines the Proclamation of Emergency (National Emergency)?
Correct Answer: A. Article 352
Article 352 specifically deals with the Proclamation of Emergency (National Emergency). It allows declaration on grounds of war, external aggression, or armed rebellion. This is the first article in the Emergency provisions chapter.
The failure of a state to comply with directions from the Centre can attract which Article?
Correct Answer: A. Article 365
Article 365 states that if a state fails to comply with valid directions from the Centre, it is lawful to deem that constitutional machinery has failed. This validates the imposition of President's Rule under Article 356. It essentially works as a trigger for Article 356.
Which type of Emergency allows the reduction of salaries of Supreme Court and High Court Judges?
Correct Answer: D. Financial Emergency
During a Financial Emergency (Article 360), the President can direct the reduction of salaries of all classes of persons serving the Union, including judges. This is a unique feature of Article 360. Such a reduction is not permitted in other emergencies.
The 44th Amendment Act changed the requirement for Cabinet recommendation for National Emergency from verbal to what?
Correct Answer: B. Verbal to Written
The 44th Amendment changed the requirement from a verbal or implied advice to a mandatory 'Written' recommendation. This ensures collective responsibility of the Cabinet. It prevents the Prime Minister from taking a unilateral decision.
The first National Emergency in 1962 was declared due to aggression by which country?
Correct Answer: B. China
The correct answer is 'China'. The first National Emergency was declared in October 1962 due to Chinese aggression in NEFA (Arunachal Pradesh). It remained in force until 1968. This period also covered the 1965 war with Pakistan.
The second National Emergency in 1971 was declared in the wake of war with which country?
Correct Answer: A. Pakistan
The second National Emergency was declared in December 1971 due to the war with Pakistan. This war led to the liberation of Bangladesh. This emergency was still effective when the third emergency was declared in 1975.
Which Article provides for the automatic suspension of Article 19 freedoms during a National Emergency (War/External Aggression)?
Correct Answer: D. Article 358
Article 358 provides for the automatic suspension of the six freedoms under Article 19. No separate order is required for this suspension. This applies only when the emergency is based on war or external aggression.
Which Article guarantees protection in respect of conviction for offenses and cannot be suspended during an emergency?
Correct Answer: D. Article 20
Article 20 provides protection in respect of conviction for offenses (no double jeopardy, no self-incrimination, etc.). It cannot be suspended during any emergency. This non-suspendable status was ensured by the 44th Amendment.
Which Article guarantees the Right to Life and Personal Liberty and remains enforceable during an emergency?
Correct Answer: B. Article 21
Article 21 guarantees the Right to Life and Personal Liberty. Like Article 20, it cannot be suspended during an emergency. This prevents the state from depriving life or liberty without the due process of law even in crises.
In which state was President's Rule imposed for the very first time in 1951?
Correct Answer: A. Punjab
President's Rule was imposed for the first time in Punjab (then PEPSU region) in 1951. Since then, Article 356 has been used over 100 times. It remains one of the most controversial provisions.