Laxmikanth Test : Emergency Provisions - 1


15 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test : Emergency Provisions - 1


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QUESTION: 1

When the President's Rule is imposed in a state:

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

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

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

Choose from the following options.

Solution:

The President acquires the following extraordinary powers when the President's Rule is imposed in a state

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

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

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

QUESTION: 2

Consider the following statements.

1. A law made by the Parliament or president or any other specified authority continues to be operative even after the President's Rule

2. This means that the period for which such a law remains in force is coterminous with the duration of the proclamation

Which of these statements is/are correct?

Solution:

A law made by the Parliament or president or any other specified authority continues to be operative even after the President's Rule. This means that the period for which such a law remains in force is not co-terminus with the duration of the proclamation.

QUESTION: 3

Consider the following statements.

1. A proclamation imposing President's Rule must be approved by both the Houses of Parliament within one month from the date of its issue

2. If approved by both the houses of Parliament, the President's rule continues for 1 year

Which of these statements is/are correct?

Solution: A proclamation imposing President's Rule must be approved by both the Houses of Parliament within two months from the date of its issue. If approved by both the houses of Parliament, the President's rule continues for six months.

QUESTION: 4

Consider the following statements.

1. Article 358 extends to the entire country whereas Article 359 may extend to the entire country or a part of it

2. Article 358 suspends Article 19 completely

Which of these statements is/are correct?

Solution:

Differences between Articles 358 and 359 -

Article 358 extends to the entire country whereas Article 359 may extend to the entire country or a part of it.

Article 358 suspends Article 19 completely while Article 359 does not empower the suspension of the enforcement of Articles 20 and 21.

QUESTION: 5

Consider the following statements.

1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19

2. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order

Which of these statements is/are not correct?

Solution:

Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19 while Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.

QUESTION: 6

Consider the following statements.

1. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a special majority

2. A proclamation of Financial Emergency may be revoked with the Parliamentary approval

Which of these statements is/are correct?

Solution: A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting. A proclamation of Financial Emergency may be revoked by the president at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

QUESTION: 7

President rule can be extended for a maximum period of:

Solution: President rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.

QUESTION: 8

Consider the following statements regarding National Emergency.

1. During a national emergency, the Centre becomes entitled to give executive directions to a state on Union and State list only

2. The state governments are brought under the complete control of the Centre, though they are not suspended

Which of these statements is/are correct?

Solution:

However, during a national emergency, the Centre becomes entitled to give executive directions to a state on 'any' matter. Thus, the state governments are brought under the complete control of the Centre, though they are not suspended.

QUESTION: 9

The proclamation of emergency issued under Article 352 must be approved by both the houses of Parliament within:

Solution:

Originally, the period allowed for approval by the Parliament was two months but was reduced to 1 month by the 44th Amendment Act of 1978.

QUESTION: 10

If the president of India exercises his power under article 356 of the constitution in the respect of a particular state, then -

Solution:

The President acquires the following powers when the President’s Rule is imposed in a state -

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

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

3. He can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the 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 suspended or dissolved the state legislative assembly. In case of dissolution fresh elections are held for the state assembly. The Parliament passes the state legislative bills and the state budget. When the state legislature is thus suspended or dissolved -

1. 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.

2. 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, the President can authorize, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament.

3. The President can promulgate, when the Parliament is not in session, ordinances for the governance of the state. A law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule. This means that the period for which such a law remains in force is not co-terminus with the duration of the proclamation. But it can be repealed or altered or re-enacted by the state legislature. It should be noted here that the President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it. In other words, the constitutional position, status, powers and functions of the concerned state high court remain the same even during the President’s Rule.

 

 

QUESTION: 11

Which of the following sentences/sentences is/are correct?

1) During National Emergency, the life of the Lok Sabha may be extended for one year at a time.

2) Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war.

Which of these statements is/are correct?

Solution:

Effect on the Life of the Lok Sabha and State Assembly - While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond its normal term (five years) by a law of Parliament for one year at a time (for any length of time). However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate. For example, the term of the Fifth Lok Sabha (1971-1977) was extended two times by one year at a time. Similarly, the Parliament may extend the normal tenure of a state legislative assembly (five years) by one year each time (for any length of time) during a national emergency. This is subject to a maximum period of six months after the Emergency has ceased to operate.

Effect on the Fundamental Rights - Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights. Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19. Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21). According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required. While a proclamation of national emergency is in operation, the state is freed from the restrictions imposed by Article 19. In other words, the state can make any law or can take any executive action abridging or taking away the six Fundamental Rights guaranteed by Article 19. Any such law or executive action cannot be challenged on the ground that they are inconsistent with the six Fundamental Rights guaranteed by Article 19. When the National Emergency ceases to operate,Article 19 automatically revives and comes into force. Any law made during Emergency, to the extent of inconsistency with Article 19, ceases to have effect. However, no remedy lies for anything done during the Emergency even after the Emergency expires. This means that the legislative and executive actions taken during the emergency cannot be challenged even after the Emergency ceases to operate. The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways - Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion. Secondly, only those laws which are related with the Emergency are protected from being challenged and not other laws. Also, the executive action taken only under such a law is protected.

 

 

QUESTION: 12

In case of declaration of financial emergency –

Solution:

Article 360 empowers the president to proclaima Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened. The 38th Amendment Act of 1975 made the president's satisfaction in declaring a Financial Emergency final and conclusive and not questionable in any court on any ground. But, this provision was subsequently deleted by the 44thAmendment Act of 1978 implying that the satisfaction of the president is not beyond judicial review. A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it. Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked. This implies two things - (a) There is no maximum period prescribed for its operation; and (b) Repeated parliamentary approval is not required for its continuation. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting. A proclamation of Financial Emergency may be revoked by the president at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

 

 

 

 

QUESTION: 13

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.

Solution: Some members of the Constituent Assembly criticized the incorporation of emergency provisions in the Constitution on the following grounds - (a) The federal character of the Constitution will be destroyed and the Union will become all. (b) powerful. (c) The powers of the State - both the Union and the units - will entirely be concentrated in the hands of the Union executive. (d) The President will become a dictator. (e) The financial autonomy of the state will be nullified. (f) Fundamental rights will become meaningless and, as a result, the democratic foundations of the Constitution will be destroyed. However, there were also protagonists of the emergency provisions in the Constituent Assembly. Sir Alladi Krishnaswami Ayyar labelled them as ‘the very life-breath of the Constitution’. Mahabir Tyagi opined that they would work as a ‘safety-valve’ and thereby help in the maintenance of the Constitution. While defending the emergency provisions in the Constituent Assembly, Dr B. R. Ambedkar also accepted the possibility of their misuse. He observed, ‘I do not altogether deny that there is a possibility of the Articles being abused or employed for political purposes’.

QUESTION: 14

In which of the following situations is the use of the President's Rule allowed?

(1) Mal-administration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.

(2) Hung Assembly.

(3) Constitutional direction of the Central government is disregarded by the state government.

Choose from the following options.

Solution:

Imposition of the President's Rule in a state would be proper in the following situation - a. Where after general elections to the assembly, no party secures a majority,that is,‘Hung Assembly’. b. Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry commanding a majority in the assembly. c. Where a ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly. d. Where a constitutional direction of the Central government is disregarded by the state government. e. Internal subversion where, for example,a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt. f. Physical breakdown where the government will fully refuse to discharge its constitutional obligations endangering the security of the state. The imposition of the President's Rule in a state would be improper under the following situations - a. Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President’s Rule without probing the possibility of forming an alternative ministry. b. Where the governor makes his own assessment of the support of a ministry in the assembly and recommends imposition of President’s Rule without allowing the ministry to prove its majority on the floor of the Assembly. c. Where the ruling party enjoys majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980. d. Internal disturbances not amounting to internal subversion or physical breakdown. e. Mal-administration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state. f. Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences. g. Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.

 

QUESTION: 15

Which of the following Fundamental Rights do not get abolished automatically during National Emergency?

Solution:

In the case of a National Emergency, Fundamental Rights under Article 20 (Protection in respect of conviction) and Article 21 (Right to life) do not abolish automatically.