All questions of Emergency Provisions for UPSC CSE Exam

Explanation:

The correct answer is option 'B' - 2 only.

Explanation of the options:
1. State governments are suspended, and the Centre takes control of the states.
- This statement is not correct. During a national emergency, the state governments are not suspended. However, the Centre can take certain measures to ensure coordination and effective management of the situation. The state governments continue to function, but their powers may be curtailed or limited during the emergency.

2. Parliament becomes empowered to make laws on any subject mentioned in the State List.
- This statement is correct. During a national emergency, the Parliament is empowered to make laws on any subject mentioned in the State List. The State List is a list of subjects on which the state governments have exclusive jurisdiction to make laws. However, during a national emergency, the Centre can override the state governments' authority and legislate on those subjects.

Explanation of the correct answer:
Option 'B' is the correct answer because only statement 2 is correct. During a national emergency, the Parliament is empowered to make laws on any subject mentioned in the State List. This is done to ensure effective management and coordination of the emergency situation.

During a national emergency, the President can declare a state of emergency under Article 352 of the Indian Constitution. This can be done on the grounds of war, external aggression, or armed rebellion. Once the emergency is declared, the Centre can exercise certain powers to deal with the situation effectively.

One of the powers granted to the Centre during a national emergency is the authority to make laws on any subject mentioned in the State List. The State List includes subjects such as police, public order, health, agriculture, and local government, among others. Normally, these subjects are within the exclusive jurisdiction of the state governments to make laws. However, during a national emergency, the Centre can legislate on these subjects to ensure uniformity and effective measures to tackle the emergency.

It is important to note that the state governments continue to function during a national emergency, but their powers may be limited or curtailed to ensure better coordination and management of the emergency situation. The Centre may issue directives to the state governments, and the state governments are bound to comply with these directives.

Therefore, option 'B' is the correct answer as only statement 2 is correct during a national emergency.

Duration of National Emergency

The duration of the National Emergency in India is determined by the approval of both Houses of Parliament. The correct answer to the question is option B, which is 6 months.

Explanation

The Indian Constitution provides for three types of emergencies:

1. National Emergency - Article 352

2. State Emergency - Article 356

3. Financial Emergency - Article 360

National Emergency can be declared on the grounds of war, external aggression, or armed rebellion. The President of India declares the National Emergency after receiving a written recommendation from the Cabinet. Such a proclamation must be approved by both Houses of Parliament within one month of its issuance. If the proclamation is approved, the National Emergency will remain in force for a period of six months from the date of its issuance. It can be extended for an indefinite period by passing a resolution in each House of Parliament with a special majority.

Conclusion

In conclusion, the duration of the National Emergency in India is six months. It can be extended for an indefinite period by passing a resolution in each House of Parliament with a special majority.

Explanation:

Quasi-Federal Character of Indian Polity:

Article 355 of the Indian Constitution provides that 'It shall be the Union's duty to protect every State against external aggression and internal disturbance'. This provision reflects the Quasi-federal character of the Indian polity.

Definition of Quasi-Federal:

Quasi-federal refers to a political system in which power is shared between the central government and the state government, but the central government has more powers than the state government.

Explanation of the answer:

The Indian Constitution establishes a federal system of government, where powers are shared between the central government and the state government. However, the Constitution provides for a strong central government that has more powers than the state government. This feature makes the Indian polity a Quasi-federal system.

Article 355 of the Indian Constitution gives the Union government the power to protect every state against external aggression and internal disturbance. This provision shows that the Union government has more powers than the state government, and the Constitution provides for a strong central government.

Conclusion:

In conclusion, the provision of Article 355 of the Indian Constitution reflects the Quasi-federal character of the Indian polity. The Indian Constitution establishes a federal system of government, but the central government has more powers than the state government.

Explanation:

Statement 1: There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.
This statement is incorrect. According to the Indian Constitution, the President's rule can be imposed in a state for a maximum period of six months. However, this period can be extended with the approval of both houses of Parliament. If approved, the President's rule can be extended for a maximum period of three years, but it needs to be reviewed every six months.

Statement 2: President's rule can be imposed in a state that has engaged in maladministration in the state.
This statement is correct. According to Article 356 of the Indian Constitution, the President's rule can be imposed in a state if the President, on receiving a report from the Governor of the state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution. This situation can arise due to various reasons, including maladministration in the state.

Conclusion:
Considering the above explanations, only statement 2 is true. Therefore, the correct answer is option 'D' - None of the above.

Understanding National Emergency in India
In India, the provisions for a National Emergency are outlined in Article 352 of the Constitution. The conditions under which a National Emergency can be declared are crucial to understand.
Statement 1: National Emergency Declaration
- A National Emergency can indeed be declared when there is an imminent danger to the security of India, even if that threat is not currently manifest.
- This means that the government can proactively declare an emergency based on a perceived threat, ensuring that necessary measures can be taken in anticipation of potential crises.
Statement 2: Scope of National Emergency
- The operation of a National Emergency does not necessarily apply to the entire territory of India.
- The President can specify the areas where the emergency applies, which can be limited to specific regions or states. This flexibility is essential for addressing localized threats effectively.
Conclusion
Based on the analysis of both statements:
- Statement 1 is correct: A National Emergency can be declared based on imminent danger.
- Statement 2 is incorrect: The emergency does not automatically cover the whole of Indian territory.
Therefore, the correct answer is option 'A': 1 only. Understanding these provisions is critical, especially in the context of civil liberties and governance during emergencies.

Understanding President's Rule under Article 356
President's rule can be imposed in a state under Article 356 of the Indian Constitution when the President believes that the governance in the state cannot be carried on according to the Constitution. Let’s break down the statements provided:
Statement 1: Written Recommendation of the Governor
- The first statement claims that President's rule cannot be imposed without the written recommendation of the Governor. This is incorrect.
- While the Governor's recommendation is often sought, it is not a mandatory requirement. The President can act based on their own assessment or information.
Statement 2: Approval by Both Houses of Parliament
- The second statement states that every proclamation of President's rule must be approved by both Houses of Parliament within a stipulated time. This is correct.
- After the proclamation of President's rule, it must be approved by Parliament within two months; otherwise, it will cease to operate.
Conclusion
- Therefore, the correct answer is option 'B' as only the second statement is accurate.
Key Takeaways:
- President's rule can be imposed independently of the Governor's written recommendation.
- Parliamentary approval is essential for the continuation of President's rule beyond the stipulated time frame.
Understanding these nuances is crucial for analyzing the constitutional provisions regarding state governance.

Opt a

Major Points of Differences between National Emergency and President's Rule:

1. Dismissal of State Governments:
- In President's Rule, state governments are automatically dismissed on its application.
- This may not be the case in a National Emergency.

2. Maximum Period:
- There is no maximum period prescribed for the President's Rule.
- In contrast, a National Emergency ceases after a year.

3. Parliamentary Resolution:
- A Parliamentary resolution approving National Emergency needs to be passed by a simple majority.
- On the other hand, a special majority is required for the President's rule.

Therefore, the correct answer is option 'A', which states that major points of differences between National Emergency and President's Rule are 1 only.

The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue.