Emergency Provisions Archives

11. While a proclamation of Emergency is in operation, the duration of the

While a proclamation of Emergency is in operation, the duration of the Lok Sabha can be extended by not exceeding

[amp_mcq option1=”three months” option2=”nine months” option3=”one year at a time” option4=”two years at a time” correct=”option3″]

This question was previously asked in

UPSC CAPF – 2011

Download PDF Attempt Online

The correct option is C. According to Article 83(2) of the Constitution of India, while a Proclamation of Emergency is in operation, the duration of the House of the People (Lok Sabha) can be extended by Parliament by law for a period not exceeding one year at a time.

The question relates to the power of Parliament to extend the term of the Lok Sabha during a National Emergency. This provision is specified in the Constitution.

The same proviso to Article 83(2) also states that the extension shall not extend in any case beyond a period of six months after the Proclamation has ceased to operate. This ensures that the extended term does not continue indefinitely after the emergency is lifted.

12. Article 352 of the Constitution of India contains provisions related

Article 352 of the Constitution of India contains provisions related to

[amp_mcq option1=”financial emergency” option2=”failure of constitutional machinery in States” option3=”suspension of the enforcement of rights conferred in Part III of the Constitution” option4=”general emergency” correct=”option4″]

This question was previously asked in

UPSC NDA-2 – 2018

Download PDF Attempt Online

The correct answer is general emergency.

Article 352 of the Constitution of India deals with the Proclamation of Emergency, often referred to as ‘National Emergency’ or ‘General Emergency’, which can be declared on grounds of war, external aggression, or armed rebellion (originally internal disturbance).

Financial emergency is dealt with under Article 360. Failure of constitutional machinery in States (President’s Rule) is dealt with under Article 356. The suspension of fundamental rights during an emergency is provided for in Articles 358 and 359, which are linked to the proclamation under Article 352 but Article 352 itself defines the conditions and procedure for the emergency proclamation.

13. An emergency under Article 352 of the Constitution of India can be dec

An emergency under Article 352 of the Constitution of India can be declared only during:

[amp_mcq option1=”War, external aggression or internal disturbance.” option2=”War, external aggression or armed rebellion.” option3=”Failure of Constitutional Machinery in the State.” option4=”Financial instability in the country.” correct=”option2″]

This question was previously asked in

UPSC NDA-2 – 2015

Download PDF Attempt Online

The correct option is B) War, external aggression or armed rebellion.

Article 352 of the Constitution of India deals with the Proclamation of Emergency, also known as National Emergency. The original text of Article 352 provided for the declaration of emergency on grounds of ‘war’, ‘external aggression’, or ‘internal disturbance’. However, the 44th Constitutional Amendment Act, 1978, replaced the term ‘internal disturbance’ with ‘armed rebellion’ to prevent the arbitrary use of this provision based on political unrest not amounting to armed revolt.

– Option A uses the term ‘internal disturbance’, which was removed by the 44th Amendment.
– Option C refers to the failure of constitutional machinery in a state, which is covered under Article 356 (President’s Rule or State Emergency), not Article 352.
– Option D refers to financial instability, which is covered under Article 360 (Financial Emergency), not Article 352.

14. The S. R. Bommai and Others vs Union of India case relates to which on

The S. R. Bommai and Others vs Union of India case relates to which one of the following issues?

[amp_mcq option1=”Sexual harassment at workplace” option2=”Proclamation of Emergency in States” option3=”Issuing of Ordinances by the President of India” option4=”Power to amend the Constitution by the Parliament” correct=”option2″]

This question was previously asked in

UPSC Geoscientist – 2022

Download PDF Attempt Online

The S. R. Bommai and Others vs Union of India case is a landmark judgment by the Supreme Court of India that dealt with the issues related to the arbitrary imposition of President’s Rule in states under Article 356 of the Constitution.

The case laid down strict guidelines for the exercise of powers under Article 356, emphasizing that the power is not absolute and is subject to judicial review. The judgment stated that the majority of a government should be tested on the floor of the Assembly and not through the Governor’s opinion or President’s decision.

This judgment significantly curtailed the arbitrary use of Article 356 by the Union government, which had been a frequent occurrence in the past. It is considered a crucial decision for strengthening federalism in India.

15. Which among the following Fundamental Rights is not suspended when an

Which among the following Fundamental Rights is not suspended when an Emergency is declared ?

[amp_mcq option1=”Protection in respect of conviction for offences” option2=”Right to constitutional remedies” option3=”Right to move freely throughout the territory of India” option4=”Equality before law” correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2023

Download PDF Attempt Online

When an Emergency is declared under Article 352, the Fundamental Rights under Article 19 are automatically suspended (Article 358). The President can suspend the right to move any court for the enforcement of other Fundamental Rights (except Articles 20 and 21) by an order under Article 359. Articles 20 (Protection in respect of conviction for offences) and 21 (Protection of life and personal liberty) are explicitly protected and cannot be suspended during a National Emergency. Option A, “Protection in respect of conviction for offences,” is guaranteed by Article 20.

– Article 358 deals with the suspension of rights conferred by Article 19.
– Article 359 deals with the suspension of the enforcement of other Fundamental Rights.
– The 44th Amendment Act, 1978, added the provision that Articles 20 and 21 cannot be suspended during any emergency.

Option B (Right to constitutional remedies – Article 32) can be suspended by a Presidential order under Article 359, meaning one cannot move the Supreme Court to enforce other rights that might be suspended. Option C (Right to move freely – part of Article 19) is automatically suspended under Article 358 during a National Emergency declared on grounds of war or external aggression, or suspended by order on grounds of armed rebellion. Option D (Equality before law – Article 14) can be suspended under Article 359.

16. In which one of the following States has the President’s Rule been imp

In which one of the following States has the President’s Rule been imposed most number of times ?

[amp_mcq option1=”Bihar” option2=”Karnataka” option3=”Manipur” option4=”Punjab” correct=”option3″]

This question was previously asked in

UPSC CDS-2 – 2022

Download PDF Attempt Online

Manipur has experienced President’s Rule (under Article 356) more times than any other state in India since the commencement of the Constitution.

President’s Rule is the suspension of state government and imposition of direct central government rule in a state, invoked in a situation where a state government is unable to function according to constitutional provisions. It is provided for under Article 356 of the Constitution.

States like Uttar Pradesh, Bihar, Punjab, and Manipur have seen numerous instances of President’s Rule. Historically, Manipur has been under President’s Rule nine or ten times, which is frequently cited as the highest number. Exact counts can vary slightly depending on how short periods are counted or merged, but Manipur consistently ranks highest.

17. Which one of the following is not a circumstance for proclamation of E

Which one of the following is not a circumstance for proclamation of Emergency by the President of India under Article 352 of the Constitution of India?

[amp_mcq option1=”War” option2=”External aggression” option3=”Internal disturbance” option4=”Armed rebellion” correct=”option3″]

This question was previously asked in

UPSC CDS-2 – 2021

Download PDF Attempt Online

The correct option is C) Internal disturbance.

According to Article 352 of the Constitution of India, the President can proclaim a National Emergency if the security of India or any part of it is threatened by War, External Aggression, or Armed Rebellion. The term “internal disturbance” was initially a ground for proclaiming National Emergency, but it was replaced by “armed rebellion” by the 44th Amendment Act, 1978, after the misuse of the emergency provision in 1975 under the ground of “internal disturbance”.

The 44th Amendment Act, 1978, introduced safeguards against the misuse of emergency provisions. It replaced “internal disturbance” with “armed rebellion” and mandated that the President can only declare an emergency on the written recommendation of the Union Cabinet.

18. Which one of the following statements about emergency provisions under

Which one of the following statements about emergency provisions under the Constitution of India is not correct?

[amp_mcq option1=”The powers of the Union Executive extend to giving directions to the States concerning the exercise of their powers.” option2=”The Union Executive can issue a provision relating to reduction of salaries of employees of the State Governments.” option3=”Governors have no emergency powers like the President of India.” option4=”If the Governor of a State is satisfied that a situation has arisen whereby the financial stability or credit of the State is threatened, he may declare financial emergency in the State.” correct=”option4″]

This question was previously asked in

UPSC CDS-2 – 2017

Download PDF Attempt Online

Statement D is not correct. Article 360 of the Constitution deals with Financial Emergency. A Financial Emergency can only be declared by the President of India 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. A Governor of a State has no power to declare a Financial Emergency or any other type of emergency like the President of India.

The power to declare a Financial Emergency (Article 360) is vested solely with the President of India, not with the Governor of a State.

Statement A is correct; during a National Emergency (Article 352), 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 B is correct; during a Financial Emergency (Article 360), the Union Executive can issue directions for the reduction of salaries and allowances of all or any class of persons serving in the State, including high court judges (Article 360(4)(a)(iii)). Statement C is correct; Governors do not possess emergency powers akin to those of the President under Articles 352, 356, or 360. While a Governor’s report is often the basis for President’s Rule (Article 356), the declaration and exercise of emergency powers are done by the President.

19. The Fundamental Rights guaranteed in the Constitution of India can be

The Fundamental Rights guaranteed in the Constitution of India can be suspended only by

[amp_mcq option1=”a proclamation of National Emergency” option2=”an Act passed by the Parliament” option3=”an amendment to the Constitution of India” option4=”the judicial decisions of the Supreme Court” correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2017

Download PDF Attempt Online

The correct answer is a proclamation of National Emergency.

Under the Constitution of India, the Fundamental Rights can be suspended during the operation of a National Emergency proclaimed under Article 352. Article 359 empowers the President to suspend the right to move any court for the enforcement of certain Fundamental Rights (except those guaranteed by Articles 20 and 21) during an emergency. This suspension is done through a Presidential Order, which is issued after the proclamation of emergency.

An Act passed by Parliament can impose reasonable restrictions on certain Fundamental Rights (like those under Article 19), but it cannot ordinarily suspend them entirely. An amendment to the Constitution can alter Fundamental Rights but does not suspend them in the sense of stopping their operation temporarily during an emergency. Judicial decisions interpret and enforce Fundamental Rights, they do not suspend them. The suspension during emergency is a specific executive action authorized by the Constitution.

20. Under Article 352 of the Constitution of India, an emergency can be de

Under Article 352 of the Constitution of India, an emergency can be declared if security of any part of India is threatened by

1. war
2. external aggression
3. armed rebellion
4. internal disturbance

Select the correct answer using the code given below.

[amp_mcq option1=”1, 2 and 3″ option2=”2, 3 and 4″ option3=”1, 3 and 4″ option4=”1 and 2 only” correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2016

Download PDF Attempt Online

The correct answer is A (1, 2 and 3).

Article 352 of the Constitution allows for the declaration of a National Emergency. The grounds for declaring a National Emergency are war, external aggression, or armed rebellion. The term ‘internal disturbance’ was originally present but was replaced by ‘armed rebellion’ by the 44th Amendment Act, 1978, after the experience of the 1975 emergency.

An emergency can be declared by the President on the written recommendation of the Union Cabinet. It can be applied to the whole of India or only a part thereof. The proclamation of emergency must be approved by both Houses of Parliament within one month by a special majority.