Unit II · Topic 5Emergency provisions – Previous Year Questions

4. Match List-I and List-II and select the correct answer:

List I (Cases) | List II (Articles)

A. S.R. Bommai case  | Article 356

B. P.V. Narsimha Rao case | Article 105

C. A.D.M. Jabalpur case  | Article 21

D. Lily Thomas case    | Article 44

Code:

1. (a)A-1, B-2, C-3, D-4
2. (b)A-1, B-3, C-2, D-4
3. (c)A-1, B-4, C-3, D-2
4. (d)A-2, B-3, C-1, D-4✓

17. The Chairperson of the 2002 Delimitation Commission was:

1. (a)Justice Kuldeep Singh✓
2. (b)Justice R.S. Sarkaria
3. (c)Justice R.S. Pathak
4. (d)Justice S.N. Phukan

1. The word 'Secular' was added in the Preamble to the Constitution of India by:

1. (a)First Amendment Act
2. (b)Seventh Amendment Act
3. (c)Forty-Second Amendment Act✓
4. (d)Forty-Fourth Amendment Act

5. The Supreme Court ruled that Right to Life under Article 21 does not include Right to Die in which case?

1. (a)P. Rathinam v. Union of India
2. (b)Gian Kaur v. State of Punjab✓
3. (c)Both (A) and (B)
4. (d)None of the above

7. Assertion (A): Under Article 368, the Parliament can amend any provision of the Constitution except the basic structure.

Reason (R): The Supreme Court has restricted the absolute power of Parliament to amend the Constitution.

1. (a)Both (A) and (R) are true, and (R) is the correct explanation of (A)✓
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

7. At the first instance, the President can issue a proclamation of financial emergency for a period of —

1. (a)Fifteen days
2. (b)Two months✓
3. (c)One month
4. (d)Six months

4. The rights of a citizen under Article 19 are automatically suspended during a national emergency declared under Article 352 on which grounds?

Options:

1. (a)War, external aggression or armed rebellion
2. (b)War or armed rebellion
3. (c)External aggression or armed rebellion
4. (d)War or external aggression✓

6. The Supreme Court laid down specific guidelines for imposing President’s Rule under Article 356 in which case?

1. (a)A.K. Roy v. Union of India
2. (b)S.R. Bommai v. Union of India✓
3. (c)State of Rajasthan v. Union of India
4. (d)Rameshwar Prasad v. Union of India

5. During a Financial Emergency, which of the following powers can the Union exercise over state finances?

It can issue directions to states to observe financial propriety norms

It can ask states to reserve money bills for the President's consideration

It can direct states to reduce salaries and allowances of officials and judges

1. (a)1 and 2✓
2. (b)1 and 3
3. (c)2 and 3
4. (d)1, 2, and 3

6. Under Article 352, when the President of India declares a national emergency, what does his "satisfaction" legally imply?

1. (a)The personal satisfaction of the President.
2. (b)The personal satisfaction of the Prime Minister and Council of Ministers, informing the President.
3. (c)The decision of the Union Cabinet communicated to him in writing.✓
4. (d)The decision of the Union Cabinet along with signatures of 2/3rd of Parliament members.

6. In which case did the Supreme Court hold that the proclamation of emergency under Article 356 is subject to judicial review?

1. (a)S.R. Bommai v. Union of India✓
2. (b)Makan Singh v. State of Punjab
3. (c)State of Maharashtra v. Lok Shikshan Sansthan
4. (d)M. Karunanidhi v. Union of India

7. Which of the following is incorrect in relation to the declaration of financial emergency under Article 360?

1. (a)It shall cease to operate at the expiration of one month unless approved by both Houses of Parliament✓
2. (b)Salary and allowances of persons serving the State may be reduced
3. (c)It may be revoked or varied by a subsequent proclamation by the President
4. (d)Salary and allowances of the Judges of Supreme Court and High Courts may be reduced

12. Assertion (A): Proclamation of emergency can be issued by the President of India if there is an imminent danger of war, external aggression, or internal disturbance and armed rebellion.

Reason (R): The President of India can suspend the enforcement of some fundamental rights during the period of emergency.

Code:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true✓

5. Which of the following statements is/are correct?

The declaration of National Emergency of the ground of 'Armed Rebellion' was inserted by the Constitutional (42 Amendment) Act, 1976.

The President shall not issue a Proclamation under Clause (1) Article 352 unless the decision of the Union Cabinet (the Prime Minister and his Council of Ministers).

A resolution approving the proclamation of National Emergency must be passed by a special majority.

A proclamation of Emergency once approved by the Parliament shall remain in force until the emergency ceases.

1. (a)Only 1
2. (b)1 and 4
3. (c)2, 3 and 4✓
4. (d)1, 2, 3 and 4

2. Which of the following statements are correct?

Article 353 deals with effect of Proclamation of Emergency.

Article 354 deals with income-generating power of the Governor during Emergency.

Article 355 deals with Union’s duty to protect States against external aggression and armed rebellion.

Article 356 deals with imposition of Emergency during local disturbance by militants or terrorists.

1. (a)1 and 2
2. (b)1 and 3✓
3. (c)2 and 3
4. (d)3 and 4

17. Article 356(1) provides that:

1. (a)Any proclamation under Article 356(1) may be revoked by a subsequent proclamation
2. (b)Every proclamation under Article 356(1) shall be laid before each House of Parliament
3. (c)A proclamation under Article 356(1) shall cease to operate on the expiration of six months
4. (d)The President may by proclamation under Article 356(1) declare that the powers of the legislature of the state shall be exercisable by or under the authority of Parliament✓

19. Which one of the following provisions of the Constitution imposes an obligation on the Union to ensure that the Government of the State is carried on in accordance with the Constitution?

1. (a)Article 352
2. (b)Article 355✓
3. (c)Article 356
4. (d)Article 360

3. Maximum period for which State Emergency (President’s Rule) can be imposed under Article 356:

1. (a)3 years✓
2. (b)2 years extendable by 1 year
3. (c)6 months
4. (d)1 year

10. Under which Article of the Constitution is it the duty of the Union to protect every state against external aggression and internal disturbance, and to ensure that the government of every state is carried on in accordance with the Constitution?

1. (a)Article 353
2. (b)Article 354
3. (c)Article 355✓
4. (d)Article 356

1. After declaration of financial emergency, what is the maximum period of its operation without approval of Parliament?

1. (a)One month
2. (b)Two months✓
3. (c)Six months
4. (d)One year

A resolution approving the proclamation of emergency under Article 352 of the Constitution of India for the first time or on subsequent occasion may be passed by either house of Parliament only by

A. A majority of the total membership of that house

B. A majority of not less than two thirds of the members of that house present and voting

C. A majority of not less than two thirds of the members of that house

D. and the resolution must be ratified by the legislature of not less than one half of the states

Choose the correct answer from the options given below

1. (a)A only
2. (b)B, C and D only
3. (c)A and B only✓
4. (d)C and D only

Arrange the following provisions as per their order in the Indian Constitution (Article-wise)

A. Failure of Constitutional Machinery in State

B. Proclamation of Emergency

C. Financial Emergency

D. Suspension of Article 19 during emergency Options

1. (a)B, A, D, C✓
2. (b)A, B, C, D
3. (c)B, C, D, A
4. (d)D, A, B, C

Which of the following are correct in the context of guidelines laid down in S. R. Bommai V/s Union of India?

A. Presidential proclamation under Art. 356 is not subject to judicial review

B. If a state government works against secularism, President Rule can be imposed

C. State assembly can be dissolved only after the Approval of Parliament

D. Power under Art. 356 is not an absolute Power

Choose the correct answer from the options given below

1. (a)A, B, C only
2. (b)B, C, D only✓
3. (c)C and A only
4. (d)B and D only

Arrange the following provisions in the order in which they appear in the Constitution of India

A. Provision as to Financial emergency

B. Suspension of provisions of Article 19 during emergencies

C. Provision in case of failure of constitutional machinery in States

D. Effect of Proclamation of Emergency

Choose the correct answer from the options given below

1. (a)A, B, C, D
2. (b)A, B, D, C
3. (c)D, B, A, C
4. (d)D, C, B, A✓