Q1. How many types of emergencies have been envisaged under the Indian Constitution? U.P.P.C.S. (Mains) 2009, 2014
(a) Two
(b) Three
(c) Four
(d) One
Ans. (b)
Exp:
- The Constitution of India provides for three types of emergencies:
- National Emergency (Article 352): It is declared due to war, external aggression or armed rebellion. This is commonly known as National Emergency.
- State Emergency / President’s Rule (Article 356): It is imposed when there is a failure of constitutional machinery in a state. It is also called Constitutional Emergency.
- Financial Emergency (Article 360): It is declared when there is a threat to the financial stability or credit of India.
- Hence, the correct answer is (b).
Q2. Under which Article of the Constitution it is the responsibility of the Indian Government to protect States from external aggression and internal disturbance? U.P.P.C.S. (Pre) 2001
(a) Article 355
(b) Article 356
(c) Article 352
(d) Article 360
Ans: (a)
Exp:
- Article 355 of the Indian Constitution imposes a duty on the Union Government to protect every State against external aggression and internal disturbance, and to ensure that the government of every State functions in accordance with the provisions of the Constitution.
- Article 356 deals with President’s Rule in States in case of failure of constitutional machinery, not the duty of protection.
- Article 352 deals with National Emergency due to war, external aggression, or armed rebellion at the Union level, not specifically the duty to protect States.
- Article 360 deals with Financial Emergency and has no relation to protection of States from aggression or disturbance.
- Hence, the correct answer is (a).
Q3. The President of India may declare the National Emergency if there is the threat of: U.P.P.C.S. (Mains) 2010 U.P.P.S.C. (GIC) 2010
1. External aggression
2. Internal disturbances
3. Armed rebellion
4. Communal clashes
Select the correct answer from the code given below:
Code :
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 and 4 only
(d) 1 and 3 only
Ans. (d)
Exp:
- Article 352 of the Indian Constitution provides for the declaration of a National Emergency when the security of India is threatened by war, external aggression, or armed rebellion (or imminent danger of these situations).
- External aggression: Covered under Article 352 as a valid ground for National Emergency. This statement is correct.
- Internal disturbances: This was an earlier provision, but after the 44th Constitutional Amendment, it was replaced by armed rebellion. Hence, this statement is incorrect.
- Armed rebellion: Clearly included under Article 352 as a valid ground for National Emergency. This statement is correct.
- Communal clashes: Not mentioned under Article 352 as a ground for National Emergency. Hence, this statement is incorrect.
- Hence, the correct answer is (d).
Q4. Under whose advice can the President of India declare Emergency under Article 352?
(a) Chief Ministers of all States
(b) Prime Minister
(c) Union Cabinet
(d) Council of Ministers
Ans. (c)
Exp:
- Under Article 352 of the Indian Constitution, the President can declare a National Emergency only when the decision of the Union Cabinet (i.e., the Council consisting of the Prime Minister and other Ministers of Cabinet rank) is communicated to him in writing.
- This clearly shows that the power to initiate a National Emergency lies with the Union Cabinet, not with the Prime Minister individually or any State authority.
- Hence, the correct answer is (c).
Q5. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R). U.P.P.C.S. (Pre) 2024
Assertion (A) : Article 352 of the Indian Constitution deals with the declaration of an emergency.
Reason (R) : An emergency may take place at any time.
Select the correct answer from the codes given below :
(a) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(b) (A) is false, but (R) is true.
(c) Both (A) and (R) are true and (R) is the correct explanation of (A).
(d) (A) is true, but (R) is false.
Ans. (a)
Exp:
- Article 352 (Proclamation of Emergency) empowers the President to declare a National Emergency when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion, or when there is an imminent danger of such situations. The Article also allows such a proclamation to be issued even before the actual occurrence of the threat, if the President is satisfied that imminent danger exists. This clearly shows that Article 352 specifically deals with the declaration of Emergency. Therefore, Assertion (A) is true.
- The Reason (R) states that an emergency may take place at any time. This statement is generally true, as emergencies are not time-bound and may arise whenever conditions of war, external aggression, or armed rebellion (or imminent danger thereof) occur. However, Article 352 is not based on this general timing aspect; it is based on the existence of specific constitutional conditions affecting national security. Hence, Reason (R) is true but not the correct explanation of (A).
- Therefore, both (A) and (R) are true, but (R) does not correctly explain (A).
- Hence, the correct answer is (a).
Q6. 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.
(a) i ii iv viii
(b) i iii vi viii
(c) i iii v vi
(d) i iv vii viii
(e) None of the above
Ans. (c)
Exp:
- Under Article 352, an Emergency may be proclaimed by the President when the security of India or any part of India is threatened by war, external aggression, armed rebellion, or imminent danger thereof.
- i. It is proclaimed by the President. This statement is correct.
- ii. It should be approved by Parliament within two months. This statement is incorrect, because after the 44th Amendment, approval is required within one month, not two months.
- iii. It should be approved by Parliament within one month. This statement is correct, as Article 352 provides that the Proclamation shall cease after one month unless approved by both Houses of Parliament.
- iv. It should be approved by Parliament by simple majority. This statement is incorrect, because approval requires a special majority.
- v. It should be approved by Parliament by 2/3 majority. This statement is correct, as approval requires a majority of the total membership of each House and not less than two-thirds of members present and voting.
- vi. It can be revoked by simple majority of Parliament. This statement is correct in the sense that the Lok Sabha may pass a disapproval resolution by simple majority, after which the President must revoke the Proclamation.
- vii. It can be revoked by 2/3 majority of Parliament. This statement is incorrect, because revocation does not require a two-thirds majority.
- viii. It can be approved in joint session of Parliament. This statement is incorrect, because Article 352 requires approval by both Houses separately; there is no provision for a joint sitting.
- Thus, statements i, iii, v and vi are correct.
- Hence, the correct answer is (c).
Q7. The Provisions regarding division of taxes between the Union and the States –
(a) Can be suspended during Financial Emergency.
(b) Can be suspended during National Emergency
(c) Cannot be suspended under any circumstances.
(d) Can be suspended only with the consent of a majority of the State Legislatures.
Ans. (b)
Exp:
- The provisions relating to the division of taxes between the Union and the States (Articles 268 to 279) are protected under normal circumstances but can be altered or suspended only during a National Emergency under Article 352, as provided under Article 354 of the Constitution.
- Article 354 empowers the President, during the operation of a National Emergency, to modify the financial arrangements between the Union and the States for a specified period.
- Financial Emergency is governed by Article 360, which deals with financial stability and allows directions on financial discipline, but it does not directly suspend the constitutional scheme of tax division under Articles 268–279.
- Hence, the correct answer is (b).
Q8. Under which of the following articles the President of India can suspend the enforcement of Fundamental Rights (except Articles 20, 21)? U.P.P.C.S. (Spl) (Mains) 2008
(a) Article 358
(b) Article 359
(c) Article 13
(d) Article 356
Ans. (b)
Exp:
- Article 359 of the Indian Constitution empowers the President to suspend the enforcement of Fundamental Rights (Part III) during the operation of a Proclamation of Emergency, except for Articles 20 and 21.
- (a) Article 358: It automatically suspends the enforcement of Article 19 only during a National Emergency under Article 352, but does not cover all Fundamental Rights except Articles 20 and 21. Hence, this statement is incorrect.
- (b) Article 359: It allows the President, by order, to suspend the right to move courts for enforcement of Fundamental Rights (except Articles 20 and 21) during Emergency. This statement is correct.
- (c) Article 13: It deals with laws inconsistent with or in derogation of Fundamental Rights, not suspension of enforcement during Emergency. Hence, this statement is incorrect.
- (d) Article 356: It deals with President’s Rule in States and has no relation to suspension of Fundamental Rights. Hence, this statement is incorrect.
- Hence, the correct answer is (b).
Q9. During National Emergency the term of the House of People – U.P.P.S.C 2010
(a) Cannot be extended.
(b) Can be extended till the Emergency lasts.
(c) Can be extended for one year only.
(d) Can be extended till Emergency lasts but only by one year at a time.
Ans. (d)
Exp:
- Under Article 352 of the Constitution, during a National Emergency, the term of the House of the People (Lok Sabha) can be extended beyond its normal duration. However, such extension is not unlimited in a single stretch.
- The Constitution allows that the term of the Lok Sabha may be extended for one year at a time, and this extension can continue only for the period during which the National Emergency is in operation, plus up to six months after its cessation.
- Hence, the correct answer is (d).
Q10. The term of a State Legislative Assembly can be extended during Emergency by–
(a) The President
(b) The Parliament
(c) The Governor of State
(d) The State Legislature
Ans. (b)
Exp:
- Under Article 172 of the Indian Constitution, every State Legislative Assembly has a normal term of five years. However, during the operation of a Proclamation of Emergency (Article 352), this term can be extended.
- The Constitution clearly provides that such extension can be made only by Parliament by law, and it can be extended for not more than one year at a time, and in any case not beyond six months after the Emergency ceases to operate.
- Hence, the correct answer is (b).
Q11. 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?
(a) 26 October, 1962
(b) 3 December, 1971
(c) 25 June, 1975
(d) 26 June, 1975
Ans. (c)
Exp:
- The National Emergency under Article 352 was declared in India on three occasions in history. These were:
- 1962 – During the Indo-China war due to external aggression.
- 1971 – During the Indo-Pak war due to external aggression.
- 1975–1977 – On 25 June 1975 due to internal disturbances (later called the Emergency period).
- The National Emergency of 1975 was declared under Article 352 of the Constitution by President Fakhruddin Ali Ahmed on the advice of the Union Cabinet, on the ground of “internal disturbances” (as it existed before the 44th Constitutional Amendment).
- This Emergency remained in force from 25 June 1975 to 21 March 1977, marking a significant constitutional and political phase in India.
- Hence, the correct answer is (c).
Q12. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then I.A.S. (Pre.) 2018
(a) The Assembly of the State is automatically dissolved.
(b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
(c) Article 19 is suspended in that State.
(d) The President can make laws relating to that State.
Ans. (b)
Exp:
- Article 356 of the Indian Constitution deals with the imposition of President’s Rule in a State when there is a failure of constitutional machinery. Under clause (1)(b) of Article 356, the President may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
- Hence, the correct answer is (b).
Q13. Which of the following are not necessarily the consequences of the proclamation of the President's rule in a State? I.A.S. (Pre) 2017
1. Dissolution of the State Legislative Assembly
2. Removal of the council of Ministers in the State
3. Dissolution of the local bodies
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Ans. (b)
Exp:
- Under Article 356, when President’s Rule is imposed in a State, the President assumes extraordinary powers. He may take over the functions of the State Government and the Governor, and the powers of the State Legislature are exercised by Parliament. The Council of Ministers headed by the Chief Minister is dismissed, and the State administration is carried on by the Governor with the help of officials or advisors appointed by the Centre.
- However, certain consequences are not mandatory or automatic in every case, depending on the nature of the proclamation:
- Dissolution of the State Legislative Assembly: This is not a necessary consequence, because the Assembly may either be suspended or dissolved depending on the situation. Hence, it is not mandatory under Article 356. This statement is correct as “not necessarily” a consequence.
- Removal of the Council of Ministers in the State: This is a necessary and direct consequence, because once President’s Rule is imposed, the Council of Ministers headed by the Chief Minister ceases to function. Therefore, this is not a correct answer for “not necessarily” consequences.
- Dissolution of the local bodies: This is not a consequence of Article 356, as local bodies (Panchayats and Municipalities) function under separate constitutional provisions and are not automatically affected by President’s Rule. Hence, this statement is also a “not necessarily” consequence.
- Thus, statements 1 and 3 are not necessarily the consequences of President’s Rule.
- Hence, the correct answer is (b).
Q14. President’s Rule can be imposed for a maximum period of – U.P.P.C.S. (Pre) 1992
(a) 1 year
(b) 2 years
(c) 6 months
(d) 3 years
Ans. (d)
Exp:
- Under Article 356 of the Constitution, a proclamation of President’s Rule in a State must be approved by both Houses of Parliament within two months. Once approved, it initially remains in force for six months.
- However, it can be extended from time to time by Parliament, subject to approval every six months. According to the 44th Constitutional Amendment Act, 1978, the maximum duration of President’s Rule cannot exceed three years, except under special conditions (such as continuation of National Emergency and certification by the Election Commission regarding difficulty in holding elections).
- Hence, the correct answer is (d).
Q15. Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India: I.A.S. (Pre) 2007
1. A Proclamation of financial emergency issued shall cease to operate at the expiration of two months, unless, before the expiration of that period, it has been approved by the resolutions of 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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)
Exp:
- Article 360 of the Indian Constitution deals with Financial Emergency. It may be proclaimed by the President when he is satisfied that the financial stability or credit of India or any part of its territory is threatened.
- A Proclamation of Financial Emergency shall cease to operate after two months unless approved by both Houses of Parliament before the expiry of that period. This statement is correct, as Article 360(2)(c) clearly provides for approval by both Houses within two months.
- The President can issue directions for reduction of salaries and allowances of persons serving the Union but excluding the Judges of the Supreme Court and High Courts. This statement is incorrect, because Article 360(4)(b) specifically includes the Judges of the Supreme Court and the High Courts within the scope of salary and allowance reduction.
- Hence, the correct answer is (a).