TEST 07: INDIAN POLITY AND CONSTITUTION

Syllabus: Emergency Provisions

1. With reference to the Emergency provisions, which of the statements is incorrect?

A. During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre.

B. It converts the unitary structure into a federal one without a formal amendment of the Constitution.

C. It converts the federal structure into a unitary one without a formal amendment of the Constitution.

D. This kind of transformation of the political system from federal during normal times to unitary during Emergency is a unique feature of the Indian Constitution.

2. Which of the following types of Emergency provisions is/are contained in the Indian Constitution?

A. National Emergency

B. Constitutional Emergency

C. Financial Emergency

D. All of the above

3. Consider the following statements regarding the Emergency Provisions of the Indian Constitution:

1. Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.

2. The provisions enable the Central government to meet any abnormal situation effectively.

3. The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.

Which of the following statement(s) is/are correct?

A. Only 1

B. Only 2

C. All of the above

D. None of the above

4. In which of the following cases, the President of India can declare national Emergency in the country:

1. Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

2. The president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.

3. A provision of proclamation of national emergency on grounds of war, external aggression, armed rebellion, or imminent danger was added by the 38th Amendment Act of 1975.

Which of the following statement(s) is/are correct?

A. Only 1

B. Only 2

C. None of the above

D. All of the above

5. Which of the following Amendment of Indian Constitution enabled the president to limit the operation of a National Emergency to a specified part of India:

A. 42nd Amendment Act

B. 38th Amendment Act

C. 44th Amendment Act

D. 40th Amendment Act

6. The President can proclaim a national emergency only after receiving a written recommendation from:

A. Prime Minister

B. Cabinet

C. Vice President

D. Rajya Sabha Chairman

7. The proclamation of Emergency must be approved by:

A. Lok Sabha

B. Rajya Sabha

C. Both the Houses of Parliament

D. Supreme Court of India

8. Consider the following statements regarding the Executive powers during National Emergency:

1. During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised.

2. In normal times, the Centre can give executive directions to a state only on certain specified matters.

3. During a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter.

Which of the following statement(s) is/are correct?

A. Only 1

B. Only 2

C. All the above

D. None of the above

9. Consider the following statements regarding the legislative powers during the National Emergency:

1. During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List.

2. The legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.

3. The normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures is not suspended.

Which of the following statement(s) is/are correct?

A. Only 1

B. Only 2

C. 1,2 and 3

D. Neither 1,2 and 3

10. While a proclamation of national emergency is in operation:

1. The President can modify the constitutional distribution of revenues between the centre and the states.

2. The president can either reduce or cancel the transfer of finances from Centre to the states.

3. The modification continues till the end of the financial year in which the Emergency ceases to operate.

Which of the following statement(s) is/are correct?

A. All the above

B. None of the above

C. 1 and 2 only

D. 2 and 3 only

11. Which of the following commission was appointed by the Janta Party government to investigate the circumstancesthat warranted the declaration of an Emergency in 1975?

A. Sarkaria Commission

B. Shah Commission

C. Mukherjee Commission

D. Kothari Commission

12. Consider the following grounds of ‘President Rule’ in India:

1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.

2. Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance withthe provisions of the Constitution.

Which of the following statement(s) is/are correct?

A. Only 1

B. Only 2

C. Both 1 and 2

D. Neither 1 nor 2

13. In case of a proclamation imposing President’s Rule has been approved by both the Houses of Parliament then the President’s Rule continues for how long?

A. 2 months

B. 6 months

C. 12 months

D. It depends on the will of the President

14. Consider the following statements regarding the extraordinary powers President when the President rule is imposed in a state:

1. President can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.

2. President can declare that the powers of the state legislature are to be exercised by the Parliament.

3. President can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the state.

Which of the following statement(s) is/are correct?

A. Only 1

B. 1 and 2

C. 2 and 3

D. All of the above

15. With reference to the President rule and hence the dissolution of legislative assembly of state which of the following statement is incorrect?

A. The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him in this regard.

B. The Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities.

C. The President cannot authorise, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament.

D. The President can promulgate, when the Parliament is not in session, ordinances for the governance of the state.

16. Which of the following Amendment Acts made provision of judicial review against the presidential proclamation imposing President’s Rule under the Article 356?

A. 38th Amendment Act

B. 42nd Amendment Act

C. 44th Amendment Act

D. 46th Amendment Act

ANSWERS

1. B

2. D

• The Indian Constitution stipulates three types of emergencies:

• An emergency due to war, external aggression or armed rebellion2 (Article 352). This is popularly known as ‘National Emergency’. However, the Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.

• An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’. It is also known by two other names—‘State Emergency’ or ‘constitutional Emergency’. However, the Constitution does not use the word ‘emergency’ for this situation.

• Financial Emergency due to a threat to the financial stability or credit of India (Article 360).

3. C

4. D

5. A

• A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.

6. B

• The President can proclaim a national emergency only after receiving a written recommendation from Cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.

• In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

7. C

• Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting. This special majority provision was introduced by the 44th Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of the Parliament.

8. C

9. C

10. A

11. B

• The Emergency declared in 1975 (internal emergency) proved to be the most controversial. There was widespread criticism of the misuse of Emergency powers. In the elections held to the Lok Sabha in 1977 after the Emergency, the Congress Party led by Indira Gandhi lost and the Janta Party came to power.

• This government appointed the Shah Commission to investigate the circumstances that warranted the declaration of an Emergency in 1975. The commission did not justify the declaration of the Emergency. Hence, the 44th Amendment Act was enacted in 1978 to introduce a number of safeguards against the misuse of Emergency provisions.

12. C

13. B

14. D

• When the President’s Rule is imposed in a state; the President dismisses the state council of ministers headed by the chief minister. The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.

• This is the reason why a proclamation under Article 356 is popularly known as the imposition of ‘President’s Rule’ in a state. Further, the President either suspends or dissolves the state legislative assembly. The Parliament passes the state legislative bills and the state budget.

15. C

• In case of dissolution of legislative assembly of state due to proclamation of President Rule in the state, the President can authorise, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament

16. C

• The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which could not be challenged in any court on any ground. But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.