Emergency Provisions

Consider the following statements with reference to National Emergency

1. National emergency can be imposed by the President when the security of India is threatened by war or external aggression.
2. During the National Emergency, fundamental rights under Articles 19, 20 and 22 are suspended automatically.
3. President can issue the proclamation of emergency as per the advice of Prime Minister.

Select the correct answer from the code below:

During the operation of national emergency under Article 352, Centre become entitled to give executive directions to a state on

The Parliament is empowered to legislate on any matter enumerated in the State list under which of the following circumstances?

1. During National Emergency
2. During President’s Rule
3. During Financial Emergency

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When a proclamation of State Emergency (or President’s rule) is in operation:

The government declared a state of Emergency on 25 June 1975. In this context, which statement(s) is/are correct?

1. The government invoked Article 352 of the Constitution.
2. The government declared that there was a threat of internal disturbance.
3. The various Fundamental Rights of citizens stood suspended, including the right of citizens to move the Court for restoring their Fundamental Rights.

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Proclamation of emergency may be revoked by the president at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval. But, the president must revoke a proclamation if a resolution of disapproval,

The Parliament can extend a proclamation of President’s Rule beyond one year by six months if.

Which of the following is/are true for National Emergency?

1. The President can declare a national emergency only after the actual occurrence of war or external aggression or armed rebellion and not on mere threat of it.
2. The President can issue different proclamations on grounds of war, external aggression, armed rebellion, whether or not there is a proclamation already issued by him and is in operation.
3. A proclamation of national emergency is applicable to the entire country.
4. The President can proclaim a national emergency only on the advice of the prime minister.

Options:

Consider the following statements regarding financial emergency

1. There is no maximum period prescribed for its operation
2. During this period the President can issue directions to reduce the salaries of Supreme Court judges
3. The President cannot declare financial emergency in the state of Jammu and Kashmir

Which of the above statements is/are correct?

Identify the correct statements.

1. The laws made during a National Emergency become inoperative on the expiration of six months after the emergency has ceased to operate.
2. A law made by the Parliament during President’s rule continues to be operative even after the president’s rule.

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National Emergency affects which of the following parts of Constitution?

1. Fundamental Rights.
2. Centre-State relations.
3. Distribution of revenues.
4. Legislative power between Centre and States.
5. Tenure of Parliament.

Select the correct answer using the codes given below:

Consider the following statements regarding the President’s rule in states:

1. The Presidential proclamation imposing the President’s rule is subject to judicial review.
2. The President cannot suspend the state assembly prior to the approval of Presidential proclamation by the Parliament.
3. The court has power to restore the dissolved state legislative assembly if it holds the proclamation to be unconstitutional.

Select the correct answer using the code given below:

Which of the following statements are correct about the emergency provisions of the Constitution?

1. During the National Emergency, President can modify the pattern of distribution of financial resources between the union and the states.
2. Article 19 cannot be suspended during National emergency due to armed rebellion.
3. President can extend the normal tenure of Lok Sabha by one year at a time during national emergency.
4. Supreme Court interferes with the jurisdiction of the concerned High Court during State Emergency under article 356.

Codes:

While a Proclamation of Financial Emergency [Art. 360(1)] is made by the President it shall be competent for the Union to give directions to the states…

1. To reduce the salaries and allowances of all persons serving in connection with the affairs of the state, including High Court Judges.
2. To reserve for the consideration of the President all money and financial Bills, after they are passed by the Legislature of the state.

With regard to the above statements which of the following is/are true?

When a proclamation of State Emergency (or President’s rule) is in operation:

Assertion (A): If President feels satisfied that the security of India or any part of it is threatened or there is an imminent danger of such threat by war or external aggression or by armed rebellion he can proclaim an emergency under article 356.

Reason (R): On receiving report from the Governor of the State, and he/she feels that it is not possible to carry on the government of the state according to the provision of the Constitution, the President under article 356-A(1) impose the President rule in the State.

Choose the Correct option:

Emergency Provisions in part XVIII of the Constitution deal with extraordinary situations that may threaten the peace, security, stability and governance of the country or a part thereof. The provisions under the National Emergency include:

1. The President can declare such an emergency if the Cabinet recommends in oral for doing so.
2. The proclamation of emergency has to be approved by both the Houses of Parliament by absolute majority of the total membership of the Houses as well as 2/3 majority of members present and voting within one month.
3. In case the Lok Sabha stands dissolved at the time of proclamation of emergency or is not in session, it has to be approved by the Rajya Sabha within one month and later on by the Lok Sabha also within fifteen days of the start of its next session.

Which of the above statements is/are incorrect?

Consider the following statements regarding the effects of Emergency on the Fundamental Rights.

1. The rights provided by Art.19, would be non existent against the state during emergency.
2. Under Art. 359, the right to move to the Court for the enforcement of the rights cannot be suspended.
3. Art. 20 and 21 cannot be suspended during Emergency.

Which of the above statements are correct?

Consider the following statements-

1. If President rule is imposed in any state then the governor of the state may present the annual financial Budget of the state under article 356(1)A.
2. In President Rule, all executive power of the state goes in to the hand of the governor.

Which of the statement given above is/are correct?

Consider the following statements regarding National Emergency and President’s Rule:

1. There is no maximum period prescribed for the operation of National Emergency whereas a President’s rule can be in operation for 3 years.
2. Resolution for their continuance must be passed by a special majority.
3. Lok Sabha can pass a resolution for their revocation.

Which of the statements given above is/are correct?

Which of the following statements is/are true?

1. Article 360 empowers the President to proclaim a 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.
2. A Proclamation declaring financial emergency must be approved by both the Houses of Parliament within one month from the date of its issue.

Which of the above statements is/are wrong?

Which of the following committees on centre-state relations, have dealt with President Rule (Article 356)?

1. Sarkaria Commission
2. P V Rajamannar Committee

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Which of the following article related to the financial emergency in India?

Based on report of the Sarkaria Commission on Centre- state Relations, the Supreme Court in Bommai case (1994) enlisted situations where the exercise of power under Article 356 could be proper or improper. Which of the following situations for imposition of President rule is proper in the light of above mentioned statement are correct?

1. The President Rule may be imposed, where after general elections to the assembly, no party secures a majority, in other words in the condition of a hung assembly.
2. The President Rule may be imposed, where a constitutional direction of the Central government is disregarded by the state government.
3. The President Rule may be imposed due to maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.

Codes:

Which of the following is true about the National Emergency proclaimed under Article 352 emergency provisions contained in the Constitution of India?

1. The President can proclaim 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 proclaim a national emergency only after or at the time of actual occurrence of war or external aggression or armed rebellion.
3. The President can issue different proclamations on the grounds of war, external aggression, armed rebellion, whether or not there is a proclamation already issued by him and such proclamation is in operation.
4. The President can proclaim a national emergency only after receiving a written recommendation from the prime minister.

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Which of the following will be the consequences of declaration of national emergency by the President?

1. The President can issue directives to the state executive.
2. The President can extend the normal tenure of the Lok sabha.
3. The President can suspend all the Fundamental Rights.
4. The President can modify the distribution pattern of financial resources between centre and states.

Codes:

Consider the following statements:

1. Article 358 operates only in case of External Emergency on the grounds of war or external aggression and not in the case of Internal Emergency.
2. Article 358 automatically suspends Fundamental Rights under article 19 as soon as the emergency is declared.

Which of the above statements is/are correct?

The Emergency provisions enable the Central government to meet any abnormal situation effectively. This includes suspension of some guaranteed fundamental rights as well. In this context, which of the following statement(s) is/are correct?

1. Under Article 358, when a proclamation of national emergency (war, external aggression or armed rebellion) is made, the six Fundamental Rights under Article 19 are automatically suspended.
2. Under Article 359, the President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.
3. Article 359 does not automatically suspend any Fundamental Right. It only empowers the president to suspend the enforcement of the specified Fundamental Rights.

Which of the following is not the correct difference between Martial Law and National Emergency?

1. Martial law suspends the government and ordinary law whereas National emergency does not.
2. Martial law is implicit whereas national emergency is explicit.

Codes:

Which of the following is/are impact(s) of the national emergency, as incorporated in Article 352 of the constitution.

1. State governments are suspended and brought under Central Control.
2. Parliament becomes empowered to make laws on the subjects enumerated in state list.

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