Emergency Provisions Archives

21. Which one of the following is not mentioned as a form of Emergency in

Which one of the following is not mentioned as a form of Emergency in the Constitution of India ?

National Emergency

State Emergency in terms of Proclamation of President's Rule in a State

Financial Emergency

Health Emergency

This question was previously asked in

UPSC CDS-1 – 2022

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A ‘Health Emergency’ is not explicitly mentioned as a form of Emergency in the Constitution of India.

The Indian Constitution provides for three types of emergencies: National Emergency (under Article 352), State Emergency or President’s Rule (under Article 356), and Financial Emergency (under Article 360).

While a severe health crisis could potentially lead to actions being taken under existing emergency provisions (like National Emergency if it threatens the security of India), or specific disaster management laws, a dedicated ‘Health Emergency’ category is not defined in the Constitution.

22. Which one of the following Articles was defended by Dr. B. R. Ambedkar

Which one of the following Articles was defended by Dr. B. R. Ambedkar on the plea that it would be used as ‘a matter of last resort’?

Article 352

Article 359

Article 356

Article 368

This question was previously asked in

UPSC CDS-1 – 2020

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During the Constituent Assembly debates, Dr. B. R. Ambedkar defended the inclusion of the provisions for the imposition of President’s Rule in states (Article 356). He expressed hope that these powers would be used sparingly and only as a ‘matter of last resort’ when constitutional machinery in a state had truly failed.

Article 356 allows the President to assume functions of the state government if the constitutional machinery in that state breaks down. Ambedkar envisioned it as a safeguard to uphold the constitution, not as a tool for political intervention.

Article 352 deals with National Emergency, Article 359 with suspension of fundamental rights during emergencies, and Article 368 with the power of Parliament to amend the Constitution. While important, Article 356 is the one specifically associated with Ambedkar’s “last resort” statement.

23. When a Proclamation of Emergency is in operation, the right to move a

When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except

Article 20 and Article 21

Article 21 and Article 22

Article 19 and Article 20

Article 15 and Article 16

This question was previously asked in

UPSC CDS-1 – 2019

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The correct answer is A) Article 20 and Article 21.

According to Article 359 of the Constitution, the President can, by order, suspend the right to move any court for the enforcement of such Fundamental Rights as are mentioned in the order during a Proclamation of Emergency. However, the 44th Amendment Act, 1978, added a proviso to Article 359 stating that the operation of Article 20 (Protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended during a National Emergency.

Before the 44th Amendment, the right to move courts for the enforcement of all Fundamental Rights, including Articles 20 and 21, could theoretically be suspended. The experience during the 1975 Emergency, where personal liberty was severely curtailed, led to this crucial amendment ensuring that the right to life and personal liberty and protection against arbitrary conviction remain enforceable even during an emergency. Article 19 (Protection of certain rights regarding freedom of speech, etc.) is suspended under Article 358, but only if the emergency is declared on grounds of war or external aggression, and this suspension is automatic for Article 19 unlike other rights suspended by Presidential order under Article 359.