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Laxmikanth Test : Emergency Provisions - UPSC MCQ


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15 Questions MCQ Test Indian Polity for UPSC CSE - Laxmikanth Test : Emergency Provisions

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Laxmikanth Test : Emergency Provisions - Question 1

Consider the following pairs:

1. National Emergency: Declared during war, external aggression, or armed rebellion

2. President's Rule: Declared in response to a threat to India's financial stability or credit

3. Financial Emergency: Requires a written recommendation from the cabinet

4. National Emergency: Grounds include 'armed rebellion' and 'internal disturbance'

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 1

1. National Emergency: Declared during war, external aggression, or armed rebellion

This is correctly matched. According to Article 352, a National Emergency can be declared during war, external aggression, or armed rebellion.

2. President's Rule: Declared in response to a threat to India's financial stability or credit

This is incorrectly matched. President's Rule (Article 356) is declared due to the failure of the constitutional machinery in states, not in response to a financial threat.

3. Financial Emergency: Requires a written recommendation from the cabinet

This is incorrectly matched. Financial Emergency (Article 360) is declared in response to a threat to India's financial stability or credit, but it does not specifically require a written recommendation from the cabinet. It is the National Emergency that requires a written recommendation from the cabinet under Article 352.

4. National Emergency: Grounds include 'armed rebellion' and 'internal disturbance'

This is incorrectly matched. The original term 'internal disturbance' was replaced by 'armed rebellion' by the 44th Amendment Act of 1978. Hence, 'internal disturbance' is no longer a ground for declaring National Emergency.

Thus, only the first pair is correctly matched.

Laxmikanth Test : Emergency Provisions - Question 2

Consider the following statements:

Statement-I:
During a National Emergency in India, the President's power to declare the emergency can be exercised in the face of imminent danger.

Statement-II:
The geographical scope of a National Emergency proclamation in India can apply only to the entire country and not to specified parts.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 2


Statement-I correctly reflects the provision that during a National Emergency in India, the President can indeed exercise the power to declare the emergency in the face of imminent danger. This is a valid provision as outlined in the Indian Constitution under Article 352.

However, Statement-II is incorrect. The geographical scope of a National Emergency proclamation in India is not limited to applying only to the entire country. In fact, as per the Constitution, a National Emergency proclamation can apply to the entire country or a specified part of it. This provision allows for a more targeted response to specific situations where a localized emergency might require attention, rather than imposing emergency measures nationwide.

Laxmikanth Test : Emergency Provisions - Question 3

Consider the following pairs regarding the scope of judicial review and proper/improper use of President's Rule (Article 356) in India:

1. Sarkaria Commission: Recommends President's Rule in case of a hung assembly after general elections.

2. Bommai Case: Establishes that the President's satisfaction in invoking Article 356 is final and not subject to judicial review.

3. 44th Amendment Act of 1978: Allows for judicial review of the President's satisfaction in invoking Article 356.

4. Anti-secular politics by state government: Grounds for invoking President's Rule as per the Bommai case.

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 3

1. Sarkaria Commission: Recommends President's Rule in case of a hung assembly after general elections. Correct. The Sarkaria Commission indeed recommended that President's Rule can be imposed in the case of a hung assembly.

2. Bommai Case: Establishes that the President's satisfaction in invoking Article 356 is final and not subject to judicial review. Incorrect. The Bommai Case established that the President's satisfaction in invoking Article 356 is subject to judicial review, contrary to the statement.

3. 44th Amendment Act of 1978: Allows for judicial review of the President's satisfaction in invoking Article 356. Correct. The 44th Amendment Act of 1978 indeed allowed for judicial review of the President's satisfaction in invoking Article 356.

4. Anti-secular politics by state government: Grounds for invoking President's Rule as per the Bommai case. Correct. The Bommai case concluded that anti-secular activities by a state government could be grounds for invoking President's Rule, as secularism is a basic feature of the Constitution.

Thus, pairs 1, 3, and 4 are correctly matched, while pair 2 is incorrectly matched. Therefore, the correct answer is Option B: Only two pairs.

Laxmikanth Test : Emergency Provisions - Question 4

Which amendment to the Indian Constitution introduced provisions for a collective decision-making process regarding the declaration of a National Emergency?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 4

Answer: b. 44th Amendment Act

Explanation: The 44th Amendment Act of 1978 amended the Constitution to require a written recommendation from the Union Cabinet for the President's proclamation of a National Emergency, ensuring collective decision-making.

Laxmikanth Test : Emergency Provisions - Question 5

Which of the following statements is incorrect regarding the application of Article 358 and Article 359 in relation to Fundamental Rights during a National Emergency?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 5
  • Article 358 applies exclusively to Fundamental Rights under Article 19 during an External Emergency.
  • Article 359 applies to the enforcement of Fundamental Rights (excluding Articles 20 and 21) as specified in a Presidential Order during both External and Internal Emergencies.
  • Therefore, Option d is incorrect because it reverses the scope of Articles 358 and 359.
Laxmikanth Test : Emergency Provisions - Question 6

During a National Emergency, which of the following Fundamental Rights automatically stands suspended under Article 358 of the Indian Constitution?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 6

Under Article 358 of the Indian Constitution:

  1. Automatic Suspension of Article 19 Rights: During a National Emergency declared on the grounds of war or external aggression (not armed rebellion), the Fundamental Rights under Article 19 automatically stand suspended. These include:

    • Freedom of speech and expression,
    • Freedom to assemble peacefully,
    • Freedom to form associations or unions, and other rights under Article 19.
  2. Scope of Article 358: The suspension applies for the entire duration of the Emergency and enables the State to make laws or take actions that would otherwise contravene Article 19 rights. These actions cannot be challenged on the grounds of being inconsistent with Article 19.

  3. Other Fundamental Rights: Rights such as Right to Equality (Article 14), Right to Life and Personal Liberty (Article 21), and Right against Exploitation (Article 23) are not automatically suspended during a National Emergency. However, enforcement of some Fundamental Rights can be restricted under Article 359, based on a Presidential Order.

Therefore, Correct Answer - Option B

Laxmikanth Test : Emergency Provisions - Question 7

Consider the following statements:

Statement-I:
During a National Emergency in India, Article 358 automatically suspends the Fundamental Rights under Article 19.

Statement-II:
During a National Emergency in India, the President is authorized to suspend the right to move any court for the enforcement of Fundamental Rights under Article 21.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 7


Statement-I states that during a National Emergency in India, Article 358 automatically suspends the Fundamental Rights under Article 19. This is accurate as Article 358 does indeed suspend these rights during a National Emergency.

However, Statement-II claims that during a National Emergency in India, the President is authorized to suspend the right to move any court for the enforcement of Fundamental Rights under Article 21. This statement is incorrect. Article 21 deals with the protection of life and personal liberty and is not subject to suspension during a National Emergency. Fundamental Rights guaranteed under Article 21 cannot be suspended even during an Emergency. Therefore, Statement-II is incorrect, making option c the correct answer.

Laxmikanth Test : Emergency Provisions - Question 8

Consider the following statements:

1. The President can declare a National Emergency on the grounds of war, external aggression, or internal disturbance.

2. The President's power to declare a National Emergency requires a written recommendation from the cabinet.

3. A National Emergency can be proclaimed for the entire country or a specified part of it.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 8
  • Statement 1: This statement is incorrect. The grounds for declaring a National Emergency include war, external aggression, or armed rebellion. The original term "internal disturbance" was replaced with "armed rebellion" by the 44th Amendment Act of 1978. Therefore, "internal disturbance" is no longer a valid ground for declaring a National Emergency.
  • Statement 2: This statement is correct. The 44th Amendment Act of 1978 introduced the requirement for a written recommendation from the cabinet for the President to declare a National Emergency, ensuring a collective decision-making process.
  • Statement 3: This statement is correct. A National Emergency can indeed be proclaimed for the entire country or a specified part of it, as per the provisions of Article 352 of the Indian Constitution.

Thus, the correct statements are 2 and 3. Hence, the correct answer is Option C: 2 and 3 Only.

Laxmikanth Test : Emergency Provisions - Question 9

Consider the following pairs:

1. Article 358: Suspension of Fundamental Rights under Article 19 during National Emergency

2. Article 359: Suspension of Fundamental Rights under Articles 20 and 21 during National Emergency

3. Article 360: Financial Emergency declaration and consequences

4. Article 352: Declaration of National Emergency due to war, external aggression, or armed rebellion

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 9
  • Article 358: Suspension of Fundamental Rights under Article 19 during National Emergency :Correct.
    Article 358 provides for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency declared on the grounds of war or external aggression.

  • Article 359: Suspension of Fundamental Rights under Articles 20 and 21 during National Emergency : Incorrect.
    Article 359 allows the President to suspend the enforcement of certain Fundamental Rights, but it explicitly excludes Articles 20 and 21. These two rights cannot be suspended even during a National Emergency, as per the 44th Amendment Act of 1978.

  • Article 360: Financial Emergency declaration and consequences :Correct.
    Article 360 allows the President to declare a Financial Emergency if the financial stability or credit of India is threatened. During this period, salaries of government employees can be reduced, and all money bills passed by state legislatures are subject to the President's approval.

  • Article 352: Declaration of National Emergency due to war, external aggression, or armed rebellion :Correct.
    Article 352 empowers the President to declare a National Emergency on the grounds of war, external aggression, or armed rebellion. This provision was amended by the 44th Amendment Act, which replaced "internal disturbance" with "armed rebellion."

Therefore,Correct Answer : Option C

Laxmikanth Test : Emergency Provisions - Question 10

Consider the following statements:

1. The 44th Amendment Act of 1978 introduced safeguards against the misuse of Emergency powers.

2. The 1975 Emergency was proclaimed due to external aggression.

3. During the operation of President's Rule, the Parliament assumes the power to legislate for the state.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 10

1. The 44th Amendment Act of 1978 introduced safeguards against the misuse of Emergency powers: This statement is correct. The 44th Amendment Act was enacted to prevent the misuse of Emergency provisions, which was a significant issue during the 1975 Emergency. It introduced several safeguards, including stricter requirements for declaring an Emergency and protecting citizens' fundamental rights.

2. The 1975 Emergency was proclaimed due to external aggression: This statement is incorrect. The 1975 Emergency was declared on the grounds of 'internal disturbance,' not external aggression. It was a controversial period marked by the suspension of civil liberties and political opposition.

3. During the operation of President's Rule, the Parliament assumes the power to legislate for the state: This statement is correct. When President's Rule is imposed under Article 356, the President can declare that the powers of the state legislature shall be exercisable by or under the authority of the Parliament. This allows the central government to legislate on behalf of the state.

Therefore, the correct statements are 1 and 3 only.

Laxmikanth Test : Emergency Provisions - Question 11

What is a key principle established by the Supreme Court in the Bommai case (1994) regarding the proclamation of President's Rule under Article 356?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 11

In the Bommai case (1994), the Supreme Court established a crucial principle regarding the proclamation of President's Rule under Article 356. According to this case, the President's satisfaction in invoking Article 356 must be based on relevant material. If this satisfaction is found to be based on irrelevant, extraneous, malafide, or perverse grounds, it can be subject to challenge. This principle ensures that the President's decision to impose President's Rule is based on valid and pertinent reasons, preventing arbitrary or unjustified use of this constitutional provision.

Laxmikanth Test : Emergency Provisions - Question 12

Consider the following pairs:

1. 1962 Emergency: Proclaimed due to Chinese aggression in NEFA (now Arunachal Pradesh)
2. 1971 Emergency: Proclaimed due to internal disturbances
3. 1975 Emergency: Proclaimed due to an attack by Pakistan
4. Shah Commission: Appointed to investigate the circumstances of the 1975 Emergency

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 12
  • 1962 Emergency: Proclaimed due to Chinese aggression in NEFA (now Arunachal Pradesh) : Correct.
    The 1962 Emergency was proclaimed under Article 352 due to external aggression by China during the Sino-Indian War, particularly in the NEFA region.

  • 1971 Emergency: Proclaimed due to internal disturbances : Incorrect.
    The 1971 Emergency was proclaimed under Article 352 due to external aggression by Pakistan during the Indo-Pak war, which led to the liberation of Bangladesh. It was not due to internal disturbances.

  • 1975 Emergency: Proclaimed due to an attack by Pakistan : Incorrect.
    The 1975 Emergency was proclaimed under Article 352 on the grounds of internal disturbance, following political instability and the Allahabad High Court judgment disqualifying Prime Minister Indira Gandhi.

  • Shah Commission: Appointed to investigate the circumstances of the 1975 Emergency : Correct.
    The Shah Commission was established in 1977 by the Janata Party government to investigate the excesses and circumstances surrounding the imposition of the 1975 Emergency.

Therefore,Correct Answer - Option B

Laxmikanth Test : Emergency Provisions - Question 13

Consider the following statements:

1. During a National Emergency, Parliament can legislate on any subject in the State List.

2. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency.

3. The 44th Amendment Act of 1978 restricted Article 359, ensuring the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 13

All three statements are correct based on the provisions outlined in the Indian Constitution regarding the effects of a National Emergency:

1. Statement 1: Correct. During a National Emergency, Parliament is empowered to legislate on any subject in the State List, overriding the normal distribution of legislative powers between the Centre and the states.

2. Statement 2: Correct. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency. This means that laws and executive actions inconsistent with Article 19 cannot be challenged during the Emergency.

3. Statement 3: Correct. The 44th Amendment Act of 1978 did restrict Article 359, ensuring that the President cannot suspend the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21, even during a National Emergency. This safeguard ensures protection from conviction for offences and upholds the right to life and personal liberty.

Thus, the correct answer is Option D.

Laxmikanth Test : Emergency Provisions - Question 14

Which of the following statements is/are true?

(1) Critics claim that emergency provisions undermine the Fundamental Rights.

(2) President becomes dictator by emergency provisions as per the critics.

Choose from the following options.

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 14
  • Critics claim that emergency provisions undermine the Fundamental Rights: This statement is correct.
    Critics have argued that the emergency provisions, particularly during a National Emergency, can suspend or restrict the enforcement of Fundamental Rights (e.g., under Articles 358 and 359). This was particularly evident during the 1975-77 Emergency, which saw widespread suppression of civil liberties.

  • President becomes dictator by emergency provisions as per the critics: This statement is also correct.
    Critics argue that during an Emergency, the extensive powers granted to the President—such as the ability to legislate through ordinances, dissolve state governments under Article 356, and curtail Fundamental Rights—can concentrate power in the hands of the President, leading to fears of authoritarianism.

Therefore,Correct Answer - Option C

Laxmikanth Test : Emergency Provisions - Question 15

Which one of the following is correct in respect of the above statements?

Statement I:

Instances of National Emergency were proclaimed three times in India: in 1962, 1971, and 1975, each under different circumstances and with varying durations and implications.

Statement II:

President's Rule, governed by Article 356 of the Indian Constitution, is a mechanism through which the central government can take control of a state's administration in exceptional circumstances when the state machinery fails to function as per the constitutional provisions.

Detailed Solution for Laxmikanth Test : Emergency Provisions - Question 15

Statement -1 is Correct
India has experienced three instances of National Emergency:

  • 1962: Declared due to external aggression by China during the Sino-Indian War.
  • 1971: Declared due to external aggression by Pakistan during the Indo-Pak war leading to the liberation of Bangladesh.
  • 1975: Declared on the grounds of "internal disturbance," a term later replaced with "armed rebellion" by the 44th Amendment Act.

Statement -2 is also Correct
Article 356 allows the President to impose President's Rule in a state when the constitutional machinery fails. This enables the central government to take over the legislative and executive functions of the state.

While both statements are accurate, they address distinct provisions of the Constitution. National Emergency under Article 352 (as in Statement I) is unrelated to President’s Rule under Article 356 (as in Statement II). Therefore, Statement II does not explain Statement I.
Therefore,Correct Answer- Option C

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