Laxmikanth Test : Emergency Provisions - 2


15 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test : Emergency Provisions - 2


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QUESTION: 1

Which of these is/are major points of differences between National emergency and President's rule?

1. Slate governments are automatically dismissed on the President's Rule's application, which may not be the case in a National Emergency.

2. There is no maximum period prescribed for the President's rule, unlike the National emergency, which ceases after a year.

3. A Parliamentary resolution approving National Emergency needs to be passed by a simple majority, whereas a special majority in the President's rule.

Select the correct answer using the codes below,

Solution:

QUESTION: 2

Consider the following statements.

Assertion (A): Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.

Reason (R): The Rajya Sabha does not represent directly elected representatives.

In the context of the above, which of these is correct?

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

Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is,

1. The majority of the total membership of that house.

2. The majority of not less than two-thirds of the members of that house present and voting.

The President may revoke a proclamation of emergency at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

QUESTION: 3

During a national emergency,

1. State governments are suspended, and the Centre takes control of the states.

2. Parliament becomes empowered to make laws on any subject mentioned in the State List.

Which of the above is/are correct?

Solution:
  • The Centre becomes entitled to give executive directions to a state on 'any' matter. Thus, the state governments are brought under the centre's complete control, though they are not suspended.

  • Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state legislatures are not suspended. In brief, the Constitution becomes unitary rather than federal.

QUESTION: 4

Consider the following statements.

Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.

Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.

In the context of the above, which of these is correct?

Solution:
  • Article 359 authorises the President to suspend the right to constitutional remedies to enforce Fundamental Rights during a National Emergency.

  • This means that under Article 359, the Fundamental Rights are not suspended, but only their enforcement. The rights are theoretically alive, but the right to seek remedy is suspended.

The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order. It does not apply to all fundamental rights. So, R is wrong.

QUESTION: 5

Consider the following about the President's rule that is imposed under Article 356 of the Constitution.

1. It cannot be imposed without the written recommendation of the Governor of the concerned state.

2. Every proclamation of the President's rule must be approved by both the Houses of Parliament within a stipulated time.

Which of the above is/are correct?

Solution:
  • Article 356 empowers the President to proclaim if he is satisfied that a situation has arisen. The government of a state cannot be carried on following the provisions of the Constitution.

  • Notably, the president can act either on a report of the state's governor or otherwise (i.e., even without the governor's report).

  • 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: 6

Consider the following statements about the President's rule:

1. There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.

2. President's rule can be imposed in a state that has engaged in maladministration in the state.

Which of these is/are true?

Solution:
  • While the National emergency has no time limit, President's rule has to be revoked after a maximum of three years.

  • Further, the 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of Parliament to extend a proclamation of President's Rule beyond one year. Thus, it provided that, beyond one year, the President's Rule can be extended by six months at a time only when the following two conditions are fulfilled:

1. A proclamation of National Emergency should be in operation in the whole of India, or the whole or any part of the state.

2. Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.

The President may revoke a proclamation of President's Rule at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

Proven maladministration or even corruption cannot be a ground to impose president's rule as per the guidelines laid down by the Supreme Court in the S. R. Bommai v UOI, 1994 AIR 1918.

QUESTION: 7

Which of the following duties have been constitutionally prescribed for the Centre to exercise control over the state administration?

1. To protect every state against external aggression and internal disturbance

2. To ensure that corruption and maladministration do not affect state governments

Which of the above is/are correct?

Solution: The Constitution contains the following other provisions which enable the Centre to exercise control over the state administration

(i) Article 355 imposes two duties on the Centre:

(a) to protect every state against external aggression and internal disturbance; and

(b) to ensure that the government of every state is carried on following the provisions of the Constitution.

(ii) The governor of a state is appointed by the president. He holds office during the pleasure of the President. In addition to the Constitutional head of the state, the governor acts as an agent of the state's centre. He submits periodical reports to the Centre about the administrative affairs of the state.

(iii) The state election commissioner, though appointed by the state's governor, can be removed only by the President.

QUESTION: 8

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 shows the

Solution: Article 355 shows that the Union government has been given prominence over the state government. This shows the federal character with a Union bias, i.e. quasi-federal nature of the Indian polity. The Union government has a responsibility to ensure the territorial integrity and security of the nation.

QUESTION: 9

Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India:

1. A proclamation of financial emergency issued shall cease to operate at the expiration of two months unless before the expiration of that period. The resolutions have been approved by both Houses of Parliament.

2. If any proclamation of financial emergency is in operation, it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts.

Which of the statements given above is/are correct?

Solution:

A proclamation of financial emergency issued shall cease to operate at the expiration of two months unless before the expiration of that period. The resolutions have been approved it by both Houses of Parliament.

QUESTION: 10

Consider the following statements about the effects of the President's Rule in states.

1. The state legislative assembly continues to hold sessions, but the civilian government loses all authority.

2. The Parliament becomes empowered to make laws concerning any matter in the State List concerning that state.

3. The state immediately loses all funding support from the Union government.

Select the correct answer using the codes below,

Solution:
  • The assembly is immediately dissolved, and the President takes the administrative charge of the state. A panel of advisors is appointed to advise the Governor in the discharge of his day-to-day duties.

  • A law made so by the Parliament continues to be operative even after the president's rule. But, such a law can be repealed or altered or reenacted by the state legislature.

QUESTION: 11

Consider the following statements.

1. National emergency can be declared even if the security of India is not in threat, but there is a case of imminent danger.

2. The operation of National Emergency always applies to the whole of Indian Territory.

Which of the above is/are correct?

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

  • It may be noted that 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.

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

QUESTION: 12

During an emergency, our political structure transforms from being 'Federal' to

Solution:
  • During an Emergency, the Central government becomes all-powerful, and the states go into the centre's total control. It converts the federal structure into a unitary one without a formal amendment of the Constitution.

  • 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.

  • Since the state governments exist even at the time of emergency, we cannot call it-single government.

QUESTION: 13

The President of India can declare a national emergency only after the

1. Approval of the Cabinet

2. Approval by the Parliament

3. Approval by the State legislatures involved

Choose the correct answer using the codes below.

Solution:
  • The President can proclaim a national emergency only after receiving a written recommendation from the cabinet.

  • This means that the emergency can be declared only on the cabinet's concurrence 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 deciding in this regard.

Approval of the Parliament is required later to decide whether to continue the emergency or not.

QUESTION: 14

If the announcement of the National Emergency has been approved by both Houses of Parliament, how long will it be effective? 

Solution:

If the announcement of the National Emergency has been approved by both Houses of Parliament, it will continue for 6 months but it should be re-approved after every 6 months.

QUESTION: 15

In the S. R. Bommai v UOI, 1994 AIR 1918., several propositions have been laid down by the Supreme Court on President's Rule's imposition in a state under Article 356. These include

1. A state government pursuing anti-secular politics is liable to action under Article 356.

2. The presidential proclamation imposing President's Rule is subject to judicial review only when the President acts against the Council of Ministers' advice.

3. The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation.

Select the correct answer using the codes below,

Solution:
  • Secularism is one of the 'basic features' of the Constitution. Hence, a state government pursuing anti-secular politics is liable to action under Article 356

  • It can be subject to Judicial review in any condition. Further, the satisfaction of the President must be based on the relevant material.

  • The president's action can be struck down by the court if it is based on irrelevant or extraneous grounds or if it was found to be mala fide or perverse.

  • The burden lies on the Centre to prove that relevant material exists to justify the President's Rule's imposition.