Under which Article of the Constitution it is the responsibility of the Indian Government to protect States from external aggression and internal disturbance?
Correct Answer:
(A) Article 355
Article 352- If the President is satisfied that a grave emergency exists, whereby the security of India or any part of the Territory thereof is threatened, whether by war or external aggression or armed rebellion, then the President may by Proclamation make a declaration of Emergency.
Article 355- It shall be the duty of the Union to protect States against external aggression and internal disturbance.
Article 356- If the President, on receipt of 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 this Constitution, then the President may declare the State under the President’s Rule.
Article 360- If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of the Territory thereof is threatened, he may by a Proclamation make a declaration of Financial Emergency.
Ques: 2
The President of India may declare the National Emergency if there is the threat of:
External aggression
Internal disturbances
Armed rebellion
Communal clashes
Select the correct answer from the code given below:
Code :
Correct Answer:
(D) 1 and 3 only
Under Article 352 of the Constitution if the President is satisfied that a grave emergency exists, whereby the security of India or any part of the Territory thereof is threatened, whether, by war, external aggression or armed rebellion, he can declare the National Emergency. The word ‘Internal disturbance’ has been replaced by ‘Armed rebellion’ in 44thConstitutional Amendment Act, 1978 of the Constitution.
Ques: 3
Which Article deals with the suspension of Article 19 during National Emergency?
Correct Answer:
(A) Article 358
Article 358 pertains to the suspension of Article 19 rights during a National Emergency declared due to war or external aggression. In such cases, all six fundamental rights under Article 19 are automatically put on hold for the duration of the emergency.
Article 359 allows for the suspension of the enforcement of other fundamental rights—excluding those under Articles 20 and 21—during a National Emergency, but only through a formal order issued by the President.
Article 356 concerns the imposition of President’s Rule in a state, commonly referred to as a state emergency, when the constitutional machinery in a state fails.
Article 360 empowers the President to declare a Financial Emergency if the country's financial stability or credit is threatened.
Ques: 4
On which of the following dates President of India, using his powers, declared by proclamation that a grave emergency existed where the security of India was threatened by internal disturbance?
Correct Answer:
(C) 25 June, 1975
This Emergency refers to a 21 months period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of Emergency declared across the country. Officially declared by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of Prevailing "internal disturbances. The Emergency was in effect from 25 June 1975 until it was withdrawn on 21 March 1977.Originally, the Constitution mentioned 'internal disturbances' as the third ground for proclamation of National Emergency, but the expression was too vague and had a wider connotation. Hence the 44th Amendment Act of 1978 substituted the word 'armed rebellion' for internal disturbances. Thus, it is no longer possible to declare National Emergency on the grounds of internal disturbances as was done earlier in 1975.
Ques: 5
Under which of the following circumstances can the President declare Emergency?
External Aggression
Internal Disturbances
Failure of the Constitutional Machinery in States
Financial Crisis
Chose the correct answer the codes given below –
Correct Answer:
(B) 1, 3, and 4
Under Article 352, the President can declare a National Emergency in the case of war, external aggression or armed rebellion. Under Article 356, the President’s Rule in case of failure of Constitutional machinery in States and under Article 360 could declare a financial emergency in case of economic crisis. However national emergency can be declared only on the occurrence of such situations as provided in the article 352 but looking at the nature of the options the most appropriate answer is option (b).
Ques: 6
What is correct about external emergency as per Article 352?
i. It is proclaimed by the President.
ii. It should be approved by Parliament within two months.
iii. It should be approved by Parliament within one months.
iv. It should be approved by Parliament by simple majority.
v. It should be approved by Parliament by 2/3 majority.
vi. It can be revoked by simple majority of Parliament.
vii. It can be revoked by 2/3 majority of Parliament.
viii. It can be approved in joint session of Parliament.
Correct Answer:
(C) i, iii, v, vi
Under Article 352, the President can declare a National Emergency. The Proclamation of Emergency must be approved by both the houses of Parliament within 1 month from the date of its issue. Originally it was two months but was reduced to 1 month by the 44th Amendment Act of 1978.Every resolution of Parliament approving its proclamation or its continuance must be passed by special Majority i.e., 2/3rd of the members present & voting. It can be revoked by a simple majority.
Ques: 7
Under which of the following articles the President of India can suspend the enforcement of Fundamental Rights (except Articles 20, 21)?
Correct Answer:
(B) Article 359
According to Article 359 of the Indian Constitution, the President of India can suspend the enforcement of the Rights conferred by Part III (Fundamental Rights) except Article 20 and 21. The President may by order declare the rights conferred by Part III (except 20 & 21) and right to move any court for the enforcement of the rights shall remain suspended. Whereas Under Article 358 after 44th Amendment, Article 19 shall be suspended, if any part of the territory is threatened by war or external aggression.
Ques: 8
Mainly on whose advice the President’s Rule is imposed in the State?
Correct Answer:
(C) Governor
Under Article 356, the President’s Rule in a State is imposed by the President on the recommendation of the Governor of the State.
Ques: 9
Which of the following are not necessarily the consequences of the proclamation of the President's rule in a State?
Dissolution of the State Legislative Assembly
Removal of the council of Ministers in the State
Dissolution of the local bodies
Select the correct answer using the code given below:
Correct Answer:
(B) 1 and 3 only
The Proclamation of the President's rule in a State can be made in accordance with the provisions of Article 356 of the Indian Constitution at the instance of failure of constitutional machinery. In the event of imposition of the President's rule in a State, the Governor removes the council of Ministers and runs the administration with the help of the secretary of the State. Besides, the President can dissolve or prorogue the legislative Assembly however it is not necessary to do so. Dissolution of local Bodies is not a consequence of the proclamation of the President's rule in a state.
Ques: 10
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
Correct Answer:
(B) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Ques: 11
Consider the following statements regarding Article 356 of the Constitution:
Failure of Constitutional Machinery in States is an objective reality.
A Proclamation under this Article can be reviewed by Supreme Court.
Along with this Proclamation, State Legislative Assembly can be dissolved.
This Proclamation has to be approved by each House of Parliament within two months.
Which of the statement/s given above is/are correct?
Correct Answer:
(A) (i), (ii), and (iv) only
In the case of S.R. Bommai Vs. Union of India, 1994, the Supreme Court held that judicial review can be done of the Proclamation of Emergency under Article 356 and the State Legislative Assembly cannot be dissolved with Proclamation until it is approved of by both Houses of the Parliament within two months. The Court further determined that the failure of the Constitutional machinery should be in real not fictitious.