Emergency Provisions

1. Which of the following statements is/are correct ? The President of In

Which of the following statements is/are correct ?
The President of India can proclaim emergency

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  • 1. on the ground of war, aggression or armed rebellion.
  • 2. only if the decision of the Union Council of Ministers is communicated to him in writing.
  • 3. only if both houses of Parliament approve the proclamation after its promulgation.

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1 only
1 and 2 only
1, 2 and 3
3 only
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Statement 1 is correct. Article 352(1) of the Constitution allows the President to proclaim a National Emergency on the ground of war, external aggression, or armed rebellion (originally internal disturbance, changed by the 44th Amendment Act, 1978).
Statement 2 is correct. Article 352(3), inserted by the 44th Amendment Act, 1978, mandates that the President shall not issue a Proclamation of Emergency unless the decision of the Union Cabinet (not just Council of Ministers generally) that such a Proclamation may be issued has been communicated to him in writing. This was a safeguard added after the experience of the 1975 emergency.
Statement 3 is incorrect. The President proclaims the emergency based on the grounds and written communication from the Cabinet. The proclamation must then be laid before each House of Parliament and must be approved by resolutions of both Houses within one month of its promulgation (Article 352(4)). Approval is a condition for the *continuation* of the emergency beyond one month, not a prerequisite for its initial *promulgation* by the President.
A National Emergency can be proclaimed by the President based on specific grounds and only upon the written recommendation of the Union Cabinet. Parliamentary approval is required *after* the proclamation to keep it in force.
The 44th Amendment Act, 1978 significantly reformed the emergency provisions to prevent misuse. Key changes included replacing “internal disturbance” with “armed rebellion” as a ground, requiring written Cabinet communication, and enhancing parliamentary control over the proclamation and its duration.

2. The National Emergency proclaimed under Article 352 of the Constitutio

The National Emergency proclaimed under Article 352 of the Constitution of India affects which of the following ?
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  • 1. Fundamental Rights
  • 2. Directive Principles of State Policy
1 only
2 only
Both 1 and 2
Neither 1 nor 2
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The correct answer is A, 1 only.
A National Emergency proclaimed under Article 352 significantly affects Fundamental Rights. Article 358 automatically suspends the six rights guaranteed by Article 19 upon a proclamation of National Emergency based on war or external aggression (not armed rebellion). Article 359 empowers the President to suspend the right to move any court for the enforcement of other Fundamental Rights (except Articles 20 and 21) during a National Emergency. Directive Principles of State Policy (DPSPs) are not suspended during a National Emergency; they continue to guide the state in making laws, although governmental priorities and actions might shift based on the emergency situation.
The effect on Fundamental Rights is a direct and constitutional consequence of the emergency proclamation (either automatic suspension or presidential order), whereas DPSPs remain guiding principles, not subject to suspension. Therefore, the emergency directly affects Fundamental Rights as provided in the Constitution.

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3. Which one of the following Articles of the Constitution of India can b

Which one of the following Articles of the Constitution of India can be used by the President of India to declare financial emergency ?

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Article 32
Article 349
Article 360
Article 365
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The correct answer is C, Article 360.
Article 360 of the Constitution of India empowers the President to declare a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened.
Article 32 deals with the right to constitutional remedies (Fundamental Right). Article 349 deals with special procedure regarding Bills relating to language. Article 365 deals with the effect of failure to comply with or give effect to directions given by the Union, which can lead to the imposition of President’s Rule under Article 356. A financial emergency has never been declared in India.

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4. Which one of the following Articles of the Constitution of India deals

Which one of the following Articles of the Constitution of India deals with the President’s rule in a State?

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Article 352
Article 356
Article 360
Article 370
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Article 356 of the Constitution of India deals with the imposition of President’s rule in a State.
– Article 356 allows the President to impose state emergency if the President is satisfied, on receipt of a report from the Governor of the State or otherwise, that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.
Article 352 deals with National Emergency, Article 360 deals with Financial Emergency. Article 370, which provided special status to Jammu and Kashmir, was abrogated in 2019.

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5. In India, on which one of the following grounds can the salaries and a

In India, on which one of the following grounds can the salaries and allowances of persons serving in connection with affairs of the State be reduced?

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Financial emergency
Internal disturbance
Failure of the constitutional machinery in a State
Degradation of public morality
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The salaries and allowances of persons serving in connection with affairs of the State can be reduced during a financial emergency.
Article 360 of the Indian Constitution deals with the proclamation of Financial Emergency.
During a Financial Emergency declared under Article 360, the Union Government can issue directions to any State to observe specified canons of financial propriety, including directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State, including the Judges of the High Court. The other options do not provide a constitutional basis for such a measure applicable across the board to state employees.

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6. In which one of the following cases did the Supreme Court of India adj

In which one of the following cases did the Supreme Court of India adjudge that the proclamation of the President’s Rule under Article 356 of the Constitution of India is subject to judicial review ?

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A.K. Gopalan vs. State of Madras
S.R. Bommai and Others vs. Union of India
Madhav Rao vs. Union of India
S.P. Gupta vs. Union of India
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In the landmark case of S.R. Bommai and Others vs. Union of India (1994), the Supreme Court of India held that the proclamation of President’s Rule under Article 356 is subject to judicial review. The Court ruled that the power under Article 356 is not absolute and can be challenged in court if it is found to be arbitrary, mala fide, or based on irrelevant grounds.
– This judgement significantly restricted the arbitrary use of Article 356 by the central government.
– It established that the reasons for imposing President’s Rule must be justifiable and the President’s decision is not beyond judicial scrutiny.
The Court also stated that the President should exercise the power only after the proclamation has been approved by Parliament, except in cases of extreme urgency. It also restored dissolved state assemblies in some cases.

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7. Which of the following statements about a State under the President’s

Which of the following statements about a State under the President’s rule is/are correct?

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  • 1. The budget of a State under the President’s rule is approved by the Governor of the State.
  • 2. The procedure to pass the budget of a State under the President’s rule is same as that of the budget of the Union Government.

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
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Statement 1 is incorrect because when a State is under President’s rule, the functions of the State Legislature, including the approval of the budget, are exercised by or under the authority of the Parliament. The Governor acts as the representative of the President, but the budgetary approval is done by the Union Parliament. Statement 2 is correct as the procedure followed by the Parliament in approving the State’s budget under President’s rule is the same as that followed for the Union budget.
Under President’s rule (Article 356), the legislative power of the State is exercised by or under the authority of Parliament (Article 357). This includes passing the State’s budget.
Article 357(1)(b) of the Constitution specifically allows Parliament to confer on the President the power of the State Legislature to make laws, or to authorize any other authority to exercise such power. This includes the power to pass the state budget. The procedure for passing the state budget in Parliament mirrors that of the Union budget, typically involving presentation, general discussion, scrutiny by departmental standing committees (though this may vary depending on the specific context), voting on demands for grants, and passing of appropriation bill and finance bill.

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8. If the President of India exercises his power as provided under Articl

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then

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the Assembly of the State is automatically dissolved.
the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Article 19 is suspended in that State.
the President can make laws relating to that State.
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The correct answer is B) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
When President’s Rule is imposed under Article 356, the legislative powers of the state are transferred to the Union Parliament.
Article 356(1)(b) of the Constitution explicitly states that upon the proclamation of President’s Rule, the President may declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament. While the State Assembly may be dissolved or suspended, dissolution is not automatic upon proclamation. Suspension of Article 19 occurs only during a National Emergency under Article 352 on grounds of war or external aggression (Article 358), not automatically under Article 356. The President can make laws for the state, but this power is derived from Parliament, which may delegate its legislative power for the state to the President (Article 357(1)(a)). Option B describes the primary constitutional consequence on the legislative power.

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9. Which of the following are not necessarily the consequences of the pro

Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?
1. Dissolution of the State Legislative Assembly
2. Removal of the Council of Ministers in the State
3. Dissolution of the local bodies
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1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3
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The correct option is B (1 and 3 only).
President’s Rule under Article 356 is imposed when the constitutional machinery in a state fails.
1. Dissolution of the State Legislative Assembly: The President can either suspend or dissolve the State Legislative Assembly. Suspension keeps the Assembly inoperative but not terminated, while dissolution terminates it permanently. Since dissolution is one option and not mandatory (suspension is the other), it is *not necessarily* a consequence.
2. Removal of the Council of Ministers in the State: When President’s Rule is imposed, the state government (headed by the Chief Minister and their Council of Ministers) is dismissed, and the executive powers of the state are exercised by the Central government through the Governor. This is a *necessary* consequence.
3. Dissolution of the local bodies: President’s Rule impacts the State government and Legislature. Local bodies like Panchayats and Municipalities function under state laws enacted under Parts IX and IXA of the Constitution, but President’s Rule at the state level does not automatically necessitate the dissolution of these constitutionally established local self-governments. This is *not necessarily* a consequence.
During President’s Rule, the President assumes to himself all or any of the functions of the State Government, and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State. He may also make incidental or consequential provisions necessary for giving effect to the Proclamation.

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10. Which of the following statements about National Emergency is/are corr

Which of the following statements about National Emergency is/are correct?

1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external aggression or armed rebellion.
2. The Government of India acquires power to give directions to a State on any matter.
3. The Proclamation of Emergency does not suspend the State legislature.
4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of Parliament.

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1 only
1 and 2 only
1, 2 and 3 only
2, 3 and 4 only
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UPSC CAPF – 2023
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Statements 1, 2, and 3 are correct regarding the National Emergency.
– Statement 1 is correct: Article 352 of the Constitution provides for a National Emergency when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion (originally ‘internal disturbance’, changed by the 44th Amendment Act).
– Statement 2 is correct: During a National Emergency, the executive power of the Union extends to giving directions to any State as to the manner in which its executive power is to be exercised (Article 353(a)).
– Statement 3 is correct: A proclamation of National Emergency does not suspend the State Legislature. State Legislatures continue to function normally, although Parliament acquires concurrent power to make laws on subjects in the State List (Article 250).
– Statement 4 is incorrect: While parliamentary approval makes the Proclamation continue for six months at a time (from the date of approval or subsequent approval), the initial Proclamation is valid for one month *without* parliamentary approval. The statement says it “can continue… only if approved”, which is not entirely accurate for the initial month. More importantly, it can be extended repeatedly for periods of six months after initial approval, implying continuation beyond the first six months is possible with repeated approvals. The phrasing “maximum period of six months at a time only if approved” refers to the duration granted by each approval, but the statement might be interpreted in ways that make it less precise than 1, 2, and 3. Given that 1, 2, and 3 are clearly correct and form an option, it’s most likely intended that 4 is not correct or less accurate in comparison.
A Proclamation of Emergency must be approved by resolutions of both Houses of Parliament within one month from its date of issue. If approved, it continues for six months from the date of approval. It can be extended for further periods of six months with fresh parliamentary approval by a special majority each time.

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