Emergency Provisions Questions and Answers

Answer: C

Parliament legislates by virtue of Article 250.

Article 250 gives Parliament power to make laws for the whole or any part of India on any matter in the State List while a Proclamation of Emergency under Article 352 is in operation. Such laws cease to have effect six months after the Proclamation ends, except as to things done before.

Article 249 is the separate route through a Rajya Sabha resolution in the national interest. Article 356 concerns President's Rule in a State after failure of constitutional machinery, and Article 360 is the financial emergency.

Answer: A

The consequences are Only 1, 3 and 4.

Under Article 360, during a financial emergency, the Union may direct the States to reduce the salaries and allowances of their employees (1), and may require Money Bills and other financial bills passed by the State Legislature to be reserved for the President's consideration (4). The President may also direct reductions in the salaries and allowances of Union employees, including judges of the Supreme Court and High Courts (3).

Statement 2 says the opposite of statement 4 and is wrong.

Answer: A

The consequence is that only the fundamental rights guaranteed under Article 19 stand suspended automatically.

Under Article 358, when a proclamation of emergency is made on the ground of war or external aggression, the freedoms of Article 19 are automatically suspended for its duration. Since the 44th Amendment, this does not happen when the emergency is declared on the ground of armed rebellion.

The other fundamental rights are not suspended automatically. Under Article 359 the President may, by a separate order, suspend the right to move the courts for enforcing particular rights, and even then Articles 20 and 21 cannot be suspended. So the options of automatic suspension of all of Part III are wrong.

Answer: B

Statements 1 and 3 are right, so the answer is 1 and 3.

1 is right: under Article 358, the freedoms of Article 19 are suspended automatically when an emergency is proclaimed on grounds of war or external aggression. 3 is right: after the 44th Amendment (1978), a proclamation of emergency can be challenged in court, and the courts have held it reviewable on grounds such as mala fides.

2 is wrong: Article 359 does not suspend anything automatically; the President must issue an order suspending the right to move the courts for specified rights. 4 is wrong: a financial emergency under Article 360 has never been declared.

Answer: B

The false statement is that during emergency the right to constitutional remedies is suspended for enforcement of all fundamental rights.

Since the 44th Amendment (1978), Article 359 does not allow the President to suspend the right to move the courts for enforcing Articles 20 and 21 (protection in respect of conviction, and life and personal liberty). So the suspension can never extend to all fundamental rights.

The other statements are true. Failure of the constitutional machinery in a State is the ground for President's Rule under Article 356, often called state emergency. Article 360 provides for financial emergency. So 'None of the above' is wrong.