Results
#1. With reference to the implication of the proclamation of National emergency, consider the following statements:
1. The Centre can give executive directions to a state on any matter when emergency is in force.
2. The Parliament can make laws on any subject mentioned in the State List as the legislative power of a state legislature is suspended.
3. Suspension of normal distribution of the legislative powers between the Centre and states extends only to a state where the Emergency is in operation.
Which of the statement given above is/are correct?
The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
Statement 1 is correct. During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. In normal times, the Centre can give executive directions to a state only on certain specified matters. However, during a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter.
Statement 2 is incorrect. During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
Statement 3 is incorrect. The 42nd Amendment Act of 1976 provided that the suspension of normal distribution of the legislative powers between the Centre and states extends not only to a state where the Emergency is in operation but also to any other state.
#2. Consider the following statements with respect to the suspension of fundamental rights during National emergency:
1. Under Article 359 of Indian Constitution, the Fundamental Rights guaranteed by Articles 20 and 21 are compulsorily suspended during emergency.
2. Unlike Article 359, Article 358 automatically suspends certain fundamental rights when the emergency is proclaimed.
3. Unlike Article 359, Article 358 operates in case of both External Emergency as well as Internal Emergency.
Which of the statements given above are incorrect?
Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights.
Statement 1 is incorrect. Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21). The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency.
Statement 2 is correct. Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 only empowers the president to suspend the enforcement of the specified Fundamental Rights through a Presidential Order.
Statement 3 is incorrect. Article 358 operates only in case of External Emergency and not in the case of Internal Emergency. Article 359 operates in case of both External Emergency as well as Internal Emergency. External Emergency means when the emergency is declared on the grounds of war or external aggression. Internal Emergency means when the Emergency is declared on the ground of armed rebellion.
#3. With reference to the provisions of President’s rule mentioned in the Constitution, consider the following statements:
1. President’s rule can be imposed whenever a state fails to comply with any direction given by the Centre.
2. A simple majority is required for approval and continuation of the proclamation of President’s Rule.
3. It can be extended for a maximum duration of three years based on fulfillment of certain conditions.
4. The Fundamental rights of the citizens get curtailed during the imposition of the President’s rule.
Which of the statements given above are correct?
Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’.
Statement 1 is correct. The President’s Rule can be proclaimed under Article 356 on two grounds–one mentioned in Article 356 itself and another in Article 365. Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Statement 2 is correct. Every resolution approving the proclamation of President’s Rule or its continuation can be passed by either House of Parliament by a simple majority (a majority of the members of that House present and voting).
Statement 3 is correct. The President’s rule can be extended for a maximum period of three years with the approval of the Parliament, every six months. The 44th Amendment Act of 1978 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 in the whole or any part of the state; and2) the Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.
Statement 4 is incorrect. The imposition of the President’s rule has no eff ect on Fundamental Rights of the citizens.
#4. Consider the following statements:
1. The President can declare a national emergency even before the actual occurrence of an external aggression.
2. Lok Sabha is authorised for disapproving the continuation of the proclamation of National emergency.
Which of the statements given above is/are correct?
Statement 1 is correct. Under Article 352, the President can declare a national emergency when the security of India 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. The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet.
Statement 2 is correct. Lok Sabha is authorised for disapproving the continuation of the proclamation of National emergency. The 44th Amendment Act of 1978 provided that, where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker, a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation. The President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation.
#5. With reference to the provisions regarding financial emergency, consider the following statements:
1. It can be imposed when the financial stability of any part of territory of India is threatened.
2. Parliamentary approval is not required for the revocation of a financial emergency.
3. Once it comes into force, the salaries and allowances of persons serving the Union is automatically reduced.
Which of the following statements is/are incorrect?
Statement 1 is correct. 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. So, it can be imposed if such situation arises in any part of the country.
Statement 2 is correct. A proclamation of Financial Emergency may be revoked by the president at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval. Also, there is no maximum period prescribed for its operation; and repeated parliamentary approval is not required for its continuation.
Statement 3 is incorrect. On the imposition of fi nancial emergency, the President may issue directions (and not automatically) for the reduction of salaries and allowances of (a) all or any class of persons serving the Union; and (b) the judges of the Supreme Court and the high court. So, the salaries are not automatically reduced.
#6. Which of the following provisions was not introduced by 44th Constitutional Amendment in the context of the emergency?
The 42nd (and not 44th) Constitutional Amendment of 1976 added the provision that the proclamation of national emergency can be declared in a part of territory of India. A proclamation of national emergency thus may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.
Statement a, b and c is correct. The 44th Constitutional Amendment did the following changes in context to emergency:
The term “internal disturbance” was replaced by “armed rebellion” in respect of national emergency.
The President can declare a national emergency only on the written recommendation of the cabinet.
It provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency
#7. With reference to the proclamation of the national emergency in India, consider the following statements.
1. The First national emergency was proclaimed in wake of Indo-Pakistan War of 1965.
2. The National Emergency of 1975 was proclaimed on the ground of internal disturbances.
3. The Bihar Movement was a peaceful protest launched by the opposition parties after the National Emergency of 1975 was declared.
Which of the statements given above is/are correct?
Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion (earlier internal disturbances). Its history of invoking is as under:
Statement 1 is incorrect. Since Independence, three National Emergency has been proclaimed (1962, 1971 and 1975). The first two proclamations (1962 and 1971) were made on the ground of ‘external aggression’.
Statement 2 is correct. The 1975 National Emergency was declared on 25 June 1975. It was made on the ground of ‘internal disturbance’, that is, certain persons have been inciting the police and the armed forces against the discharge of their duties and their normal functioning. For example, Jayaprakash in a massive demonstration in Delhi’s Ramlila grounds on 25 June 1975 asked the army, the police and government employees not to obey “illegal and immoral orders”.
Statement 3 is incorrect. The Bihar Movement was a political movement initiated by students in the Indian state of Bihar in 1974. It was launched before emergency were declared.
The Bihar Movement (1974-75) under the leadership of Jayaprakash Narayan aimed at a ‘Total Revolution’ in the country. It was against misrule and corruption in the state government. It later turned against Prime Minister Indira Gandhi’s government in the central government. It was also called Sampoorna Kranti and JP Movement.
#8. Consider the following statements:
1. Emergency provisions provide security to the democratic political system, and the Constitution of India.
2. During an emergency, the Central government becomes all powerful.
3. The Constitution of India can be both unitary as well as federal according to the requirements of time and circumstances.
Which of the statements given above is/are correct?
The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively.
Statement 1 is correct: The Indian Constitution contains elaborate emergency provisions to enable the President to meet any extraordinary situation effectively. The rationality behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
Statement 2 is correct: The Constitution stipulates three types of emergencies–national, state and financial. During an emergency, the Central government becomes all powerful and the states go into total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation is not found in any other federation.
Statement 3 is correct: The Constitution of India can be both unitary as well as federal according to the requirements of time and circumstances. In normal times, it is framed to work as a federal system. But in times of Emergency, it is so designed as to make it work as though it was a unitary system.
#9. Consider the following statements with reference to the Emergency provisions in the Constitution:
1. An emergency due to war, external aggression or armed rebellion is known as the Constitutional emergency.
2. The President can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion.
3. The 42nd Amendment Act of 1976 substituted the word ‘armed rebellion’ for ‘internal disturbance’.
Which of the statements given above is/are correct?
The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively.
Statement 1 is incorrect: An emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as ‘National Emergency’. However, the Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type. An Emergency due to the failure of the constitutional machinery in the states (Article 356) is popularly known as ‘President’s Rule’. It is also known by two other names–‘State Emergency’ or ‘constitutional Emergency’. However, the Constitution does not use the word ‘emergency’ for this situation.
Statement 2 is correct: 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.
Statement 3 is incorrect: Originally, the Constitution mentioned ‘internal disturbance’ as the third ground for the proclamation of a National Emergency, but the expression was too vague and had a wider connotation. Hence, the 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’ as was done in 1975 by the Congress government headed by Indira Gandhi.
#10. Consider the following statements with reference to the Emergency provisions:
1. The President, can proclaim a national emergency only after receiving a written recommendation from the Prime Minister.
2. The President’s rule can be declared by both the President and Governor.
Which of the statements given above is/are correct?
Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
Statement 1 is incorrect: 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 concurrence of the cabinet and not merely on the advice of the prime minister.
Statement 2 is incorrect: Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency. Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (i.e., even without the governor’s report). Governor is not the authority to declare president rule it can only be proclaimed by President, hence the name President rule.
#11. Consider the following statements with reference to the National emergency:
1. During a national emergency, the President becomes empowered to make laws on any subject mentioned in the State List.
2. Every resolution approving the proclamation of emergency must be passed by either House of Parliament by a special majority.
Which of the statements given above is/are correct?
Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
Statement 1 is incorrect: During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. 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 Legislature is not suspended. In brief, the Constitution becomes unitary rather than federal.
Statement 2 is correct: Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is,
A majority of the total membership of that house, and A majority of not less than two-thirds of the members of that house present and voting. This special majority provision was introduced by the 44th Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of the Parliament.
#12. Under which of the following circumstances, the imposition of President’s Rule in a state under Article 356 would be considered proper?
1. When a constitutional direction of the Central government is disregarded by the state government.
2. When after general elections to the state assembly, no party secures a majority.
3. When the state government is deliberately acting against the Constitution and the law
4. When there is maladministration in the state or allegations of corruption against any state ministry.
Select the correct answer using the code given below:
President’s Rule refers to the suspension of a state government and the imposition of direct rule of the Centre. The central government takes direct control of the state in question and the Governor becomes overall incharge of the administration. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
Statement 1, 2 and 3 are correct:
Article 356 of the Constitution of India gives the President of India the power to impose this rule on a state on the advice of the Union Council of Ministers. The Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power under Article 356 could be proper or improper. Imposition of President’s Rule in a state would be proper in the following situations:
1. Where after general elections to the assembly, no party secures a majority, that is, ‘Hung Assembly’.
2. Where the party having a majority in the assembly declines to form a ministry and the governor cannot fi nd a coalition ministry commanding a majority in the assembly.
3. 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.
4. Where a constitutional direction of the Central government is disregarded by the state government.
5. Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.
6. Physical breakdown where the government wilfully refuses to discharge its constitutional obligations endangering the security of the state.
constitutional obligations endangering the security of the state.
Statement 4 is incorrect: The imposition of President’s Rule in a state would be improper under the following situations: 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.
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.
Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980.
Internal disturbances not amounting to internal subversion or physical breakdown.
Maladministration in the state or allegations of corruption against the minister/CM or any stringent financial exigencies of the state.
Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences.
Where the power is used to sort out intraparty problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.
#13. Consider the following statements regarding the imposition of President’s rule in a state:
1. The President’s Rule in a state can be extended for an indefinite period, but with the approval of Parliament every two months.
2. The President’s Rule results in the executive and legislative powers of the state being assumed by the Centre.
Which of the statements given above is/are correct?
Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
Statement 1 is incorrect: President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months. Every resolution approving the proclamation of President’s Rule or its continuation 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
Statement 2 is correct: During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre.
#14. Which of the following can occur consequent to the proclamation of national emergency in India?
1. The President can either increase or reduce but cannot cancel the transfer of finances from Centre to the states.
2. The life of Lok Sabha can be extended beyond its normal term of fi ve years.
3. The President can issue ordinances on the state subjects.
Select the correct answer using the code given below:
The Constitution envisages National emergency on the ground of war or external aggression or armed rebellion (Article 352).
Statement 1 is incorrect: While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states. This means that the president can either reduce or cancel the transfer of finances from Centre to the states. Such modification continues till the end of the financial year in which the Emergency ceases to operate. Also, every such order of the President has to be laid before both the Houses of Parliament.
Statement 2 is correct: 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.
Statement 3 is correct: While a proclamation of national emergency is in operation, the President can issue ordinances on the state subjects also, if the Parliament is not in session.
During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.
#15. With reference to proclamation of national emergency in India, consider the following statements:
1. The President must revoke a proclamation, if the Lok Sabha passes a resolution disapproving its continuation.
2. A resolution disapproving the continuation of the proclamation must be passed in a joint sitting of both the houses of Parliament.
3. The 44th Amendment Act removed ‘Internal disturbance’ as a ground for the proclamation of national emergency.
Which of the statements given above is/are correct?
The Indian Constitution contains elaborate emergency provisions to enable the President to meet any extraordinary situation effectively.
Statement 1 is correct: The President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. Again, this safeguard was introduced by the 44th Amendment Act of 1978. Before the amendment, a proclamation could be revoked by the president on his own and the Lok Sabha had no control in this regard.
Statement 2 is incorrect: The 44th Amendment Act of 1978 provided that, where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or to the president if the House is not in session), a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation.
Statement 3 is correct: Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.
#16. With reference to consequences of the financial emergency, consider the following the statements:
1. The President may order any state to reduce salaries of its all employees.
2. The Union government gains authority over states with respect to financial matters.
3. The parliament gets empowered to pass money bills of any state.
Which of the statements given above is/are correct?
Statement 1 is correct: During the financial emergency, the President can issue directions for the reduction of salaries and allowances of all or any class of persons serving in the state. The President may also issue directions for the reduction of salaries and allowances of all or any class of persons serving the Union, including the judges of the Supreme Court and the high court.
Statement 2 is correct: During financial emergency, the Union government acquires full control over the states in financial matters. The executive authority of the Centre extends to the giving directions to any state to observe such canons of financial propriety as may be specified in the directions.
Statement 3 is incorrect: The parliament does not get empowered to pass money bills of a state. The President can only direct to reserve all money bills or other financial bills for his/her consideration after they are passed by the legislature of the state.
Knowledge Base: Article 360 of the Indian Constitution empowers the President to invoke financial emergency. A proclamation declaring financial emergency must be approved by both the Houses of Parliament (i.e., Lok Sabha and Rajya Sabha) within two months from the date of its issue.
#17. What are the effects of National Emergency on various aspects of Indian federal polity?
1. The Parliament can delegate the power to make laws on State subjects to any specifi ed authority.
2. The President can cancel the transfer of finances from Centre to the States.
3. The President can extend the life of a State Legislative Assembly beyond its normal term.
Select the correct answer using the code given below:
Statement 1 is incorrect. During a national emergency, the Parliament can make laws on the subjects enumerated in the State List only by itself, that is, it cannot delegate the same to any other body or authority. During President’s rule the Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him.
Statement 2 is correct. While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states. This means that the president can either reduce or cancel the transfer of finances from Centre to the states. Such modification continues till the end of the financial year in which the Emergency ceases to operate. Also, every such order of the President has to be laid before both the Houses of Parliament.
Statement 3 is incorrect. While a proclamation of National Emergency is in operation, the life of the state legislative assembly 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.
#18. What will be the impact of National Emergency on the Fundamental Rights of Citizens, when the emergency is declared on the ground of Armed rebellion?
1. Fundamental Rights guaranteed under Article 19 are automatically suspended.
2. The President can suspend the enforcement of Fundamental Right to Life and Personal Liberty.
Select the correct answer using the code given below:
Statement 1 is incorrect. According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. However, the 44th Amendment Act of 1978 restricted the scope of Article 358 in such a way that 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.
Statement 2 is incorrect. Article 359 authorises the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.
However, the 44th Amendment Act of 1978 restricted the scope of Article 359. Thus, the President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21. In other words, the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency
#19. With reference to Article 358, which of the following statements is/are correct?
1. It suspends the enforcement of those fundamental rights mentioned in the Presidential Order.
2. It extends to the entire country.
3. It enables the state to make any law or take any executive action inconsistent with Fundamental rights under Article 19.
Select the correct answer using the code given below:
Statement 1 is incorrect. Article 358 suspends the Fundamental rights under Article 19 as soon as the emergency is declared i.e. automatically suspends the Fundamental rights. No separate order for their suspension is required.
Statement 2 is correct. Article 358 extends to the entire country and operates for the entire duration of the emergency.
Statement 3 is correct. Article 358 enables the state to make any law or take any executive action inconsistent with Fundamental rights under Article 19. However only those laws which are related with the emergency are protected from being challenged and not the other laws.
#20. With reference to the President’s rule, which of the following statements is/are correct?
1. Disproval of President’s rule between the houses of the Parliament automatically leads to fresh election in the state.
2. Th e power of the President to dismiss a state government is not absolute.
3. Imposition of President’s rule would be proper where the government is deliberately acting against the constitution.
Select the correct answer using the code given below:
Statement 1 is incorrect. In case both Houses of Parliament disapprove or do not approve the Proclamation, the Proclamation lapses at the end of the two-month period. In such a case, the government which was dismissed is revived. The Legislative Assembly which may have been kept in suspended animation gets reactivated and no fresh election is required.
Statement 2 is correct. In S.R Bommai case, the court ruled that the power of the President to dismiss a State government is not absolute. The verdict said the President should exercise the power only after his proclamation (imposing his/her rule) is approved by both Houses of Parliament. Till then, the Court said, the President can only suspend the Legislative Assembly.
Statement 3 is correct. Imposition of President’s rule would be proper in case of internal subversion where government is deliberately acting against the constitution and law or is fomenting a violent revolt.
#21. Which of the following statements is/are correct regarding the financial emergency?
1. It will be proclaimed only when the financial stability of the whole country is threatened.
2. It was imposed during the Balance of payment crisis during 1991.
Select the correct answer using the code given below:
Statement 1 is incorrect. Under Article 360, President can proclaim financial emergency when he is satisfied that financial stability or credit of India or any part of its territory is threatened. Thus, it can be proclaimed when the financial stability of any part of territory is threatened.
Statement 2 is incorrect. No financial Emergency has been declared so far though there was balance of payment crisis in 1991.
#22. Consider the following statements regarding Emergency:
1. All the three types of emergencies can be revoked by President at any time without any parliamentary approval.
2. Repeated Parliamentary approval is required for the continuation of National emergency while it is not required for the Financial emergency.
Which of the statements given above is/are correct?
Statement 1 is correct. All the three types of emergencies i.e. National emergency, President’s rule and Financial emergency can be revoked by President at any time without any parliamentary approval.
Statement 2 is correct. National emergency can be extended for to an indefinite period with an approval of parliament for every 6 months. President’s rule can be extended for a maximum period of 3 years with the approval of Parliament every 6 months. Financial emergency can be continued for indefinite period and repeated parliamentary approval is not required for its continuation.
#23. With reference to the effects of National Emergency, which of the following statements is/ are correct?
1. Parliament can cancel the transfer of fi nances from the Centre to the states.
2. The modification of finances will continue till the emergency ceases to operate.
Select the correct answer using the code given below:
Statement 1 is incorrect. During National emergency, President can modify the constitutional distribution of revenues between the centre and states. This means that the president can either reduce or cancel the transfer of finances from centre to states. Every such order has to be laid before both the houses of Parliament.
Statement 2 is incorrect. The modification of finances will continue till the end of financial year in which the emergency ceases to operate.
#24. Which of the following statements is/are correct regarding the emergency?
1. Law made by parliament during president’s rule continues to be operative even after the emergency has ceased to operate.
2. Law made by parliament during National emergency continues to be operative unless it is repealed by the Parliament after the emergency has ceased to operate.
Select the correct answer using the code given below
Statement 1 is correct. Law made by parliament during president’s rule continues to be operative after the emergency has ceased to operate unless it is repealed or re-enacted or altered by the state legislature. This means that the period for which such a law remains in force is not co-terminus with the duration of President rule.
Statement 2 is incorrect. Law made by parliament during National emergency becomes inoperative six months after the emergency has ceased to operate. Here the power of state legislature to make laws on the same matter is not restricted. But in case of repugnancy between a state law and a parliamentary law, the latter is to prevail.
