Emergency — Set 5
Indian Polity · आपातकाल · Questions 41–50 of 50
What majority is required in Parliament to approve a Financial Emergency?
Correct Answer: A. Simple Majority
A Simple Majority of those present and voting is sufficient to approve a Financial Emergency. This is easier than the Special Majority required for a National Emergency. Article 360 governs this process.
Whose report typically forms the basis for the President to impose Article 356 in a state?
Correct Answer: D. Governor
The President typically acts on a report from the Governor of the state. The report details the failure of the constitutional machinery. However, the President can also act 'otherwise' (without a report) if satisfied.
Who ultimately approves the proclamation of any emergency for it to continue beyond the initial period?
Correct Answer: D. Parliament
Parliament (both Houses) must approve any proclamation of emergency for it to continue. The President proclaims it, but Parliament ratifies it. Without this approval, the emergency ceases to operate after the stipulated initial period.
Article 365 validates the use of Article 356 when a state fails to comply with whose directions?
Correct Answer: C. Union Government
Article 365 applies when a state fails to comply with directions given by the Union Government (Centre). Such failure is a constitutional ground to assume the state machinery has broken down. This leads to the invocation of President's Rule.
During which emergency can the President ask states to reserve all money bills for his consideration?
Correct Answer: D. Financial Emergency
During a Financial Emergency, the President can direct states to reserve all money bills for his consideration. This is done to ensure financial discipline across the country. It severely restricts the financial autonomy of states.
During a National Emergency, the federal structure of the Indian Constitution effectively turns into what?
Correct Answer: A. Unitary
During a National Emergency, the federal structure effectively converts into a unitary one. The Centre gets the power to issue directions to states on any matter. States remain in existence but function under the complete control of the Centre.
The S.R. Bommai case (1994) is a landmark Supreme Court judgment regarding which Article?
Correct Answer: C. Article 356
The S.R. Bommai case is the landmark judgment regarding Article 356 (President's Rule). It laid down strict guidelines to prevent the arbitrary dismissal of state governments. It established that federalism is part of the basic structure.
Which Amendment Act had temporarily barred the judicial review of Emergency proclamations (later reversed)?
Correct Answer: A. 38th Amendment
The 38th Amendment Act of 1975 made the declaration of emergency non-justiciable. This meant courts could not question the President's satisfaction. This provision was subsequently deleted by the 44th Amendment Act of 1978.
Which Amendment enabled the President to limit the operation of a National Emergency to a specific part of India?
Correct Answer: B. 42nd Amendment
The 42nd Amendment Act of 1976 allowed the President to limit a National Emergency to a specified part of India. Before this, the emergency could only be applied to the entire country. It added flexibility to the provision.
For President's Rule to continue beyond 6 months, Parliament must re-approve it every ___ months?
Correct Answer: D. 6 months
Parliament must re-approve President's Rule every 6 months to keep it active. This cycle can continue up to a maximum of 3 years. This ensures periodic parliamentary oversight of central rule in a state.