Polity MCQs : Topic 15. Emergency Provisions

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Polity MCQs : Topic 15. Emergency Provisions
Indian Polity MCQs On Emergency provisions Que. 141 to 150

Q. 141) Consider the following statements
1. The Emergency provisions are contained in Part XVIII of the Constitution
2. Articles 352 to 360 deals with the Emergency provisions

Select the correct answer using codes below
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2

Ans : C. Both 1 and 2

Q. 142) Consider the following statements regarding Financial Emergency
1. Article 360 empowers the Parliament to proclaim a Financial Emergency
2. Only once Financial Emergency has been declared so far, in 1991 financial crisis

Select the correct answer using codes below
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2

Ans : D. Neither 1 nor 2
• Article 360 empowers the President ( not parliament )to proclaim a Financial Emergency. He can declare the Financial Emergency on the aid and advise of the Council of Ministers.
• A proclamation of financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
• 44th Constitutional Amendment Act of 1978 says that the President’s ‘satisfaction’ is not beyond judicial review. It means the Supreme Court can review the declaration of Financial Emergency
• No Financial Emergency has been declared so far.

Q. 143) Consider the following statements regarding President’s Rule
1. A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within six months from the date of its issue
2. It can be extended for a maximum period of three years with the approval of the Parliament, every nine months.

Select the incorrect answer using codes below
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2

Ans : C. Both 1 and 2
• Article 356 of the Constitution of India gives the President the power to impose President’s rule on a state on the advice of the Union Council of Ministers.
• Proclamation of President’s Rule stands for six months. It can be extended for a maximum period of three years with the approval of the Parliament, every six months (not nine months).
• A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months (not six months) from the date of its issue.

Q. 144) Which of the following is not correct?

A. 44th constitutional amendment act 1978 equipped President to impose National Emergency on any particular part of India
B. Approval of National Emergency by Parliament should have been done in one month.
C. If approved by both the Houses of Parliament, the emergency continues for six months
D. The word “armed rebellion” added to the Constitution to declare a National Emergency by the 44th Constitutional Amendment 1978

Ans : A. 44th constitutional amendment act 1978 equipped President to impose National Emergency on any particular part of India
National Emergency
• 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.
• The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India. (whole country or only one part of it )

Q. 145) Who can revoke the proclamation of National Emergency?

A. President
B. Parliament
C. Lok Sabha
D. Rajya Sabha

Ans : A. President
A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.

Q. 146) Consider the following statements
1. During National Emergency, Fundamental Rights under the Article 20 and Article 21 do not suspend automatically.
2. when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended
3. Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression

Select the correct answer using the codes below
A. 1 and  2
B. 2 and 3
C. 1, 2 and 3
D. None of the above

Ans : C. 1, 2 and 3

Q. 147) Consider the following statements
1. National Emergency under article 352 has been proclaimed three times so far
2. First proclamation of National Emergency was made in December 1971

Select the incorrect answer using codes below
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2

Ans : B. Only 2
• National type of emergency has been proclaimed three times so far- in 1962, 1971 and 1975
• The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the NEFA (North-East Frontier Agency–now Arunachal Pradesh) and was in force till January 1968.
• The second proclamation of National Emergency was made in December 1971 in the wake of the attack by Pakistan.
• Even when the emergency was in operation, the third proclamation of National Emergency was made in June 1975. Both the second and the third proclamations were revoked in March 1977.

Q. 148) which article deals with Suspension of provisions of Article 19 during Emergencies?

A. Article 357
B. Article 358
C. Article 359
D. Article 360

Ans : B. Article 358
Article 359- Suspension of the enforcement of the rights
conferred by Part III during Emergencies

Q. 149). Which case / judgements of Supreme Court deals with the imposition of President Rule in the states?

A. Kihoto Hollohan vs Zachillhu and others
B. Kesavananda Bharati vs State of Kerala
C. I.R. Coelho vs State of Tamil Nadu  
D. S. R. Bommai vs Union of India

Ans : D. S. R. Bommai vs Union of India
In S. R. Bommai case, Supreme Court discussed at length provisions of Article 356 of the Constitution.

Que. 150) Maximum period of financial emergency mentioned in the constitution is . . . . .

A. 6 months
B. 1 year
C. 3 year
D. None

Ans : D. None
Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.