Emergency Provisions Questions and Answers

Q: The proclamation of emergency may be declared if the President of India is satisfied that a grave emergency exists whereby the security of India or of any part of the territory there of threatened by :

The grounds are war or external aggression or armed rebellion.Under Article 352, the President may proclaim a national emergency if satisfied that a grave emergency exists whereby the security of India or any part of it is threatened by war or external aggression or armed rebellion. The words 'armed rebellion' replaced 'internal disturbance' through the Constitution (Forty-fourth Amendment) Act, 1978.Each of the other options leaves out one of the three grounds: war and external aggression without armed rebellion, war and armed rebellion without external aggression, or external aggression and armed rebellion without war.

Q: The rights conferred by Part III are suspended during emergencies except :

The rights that are not suspended are those under Articles 20 and 21.Under Article 359, the President may suspend the right to move the courts for the enforcement of fundamental rights during an emergency. After the experience of the 1975 Emergency and the ADM Jabalpur case, the 44th Amendment (1978) provided that this power cannot be used for Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty).Article 19 is in fact suspended automatically by Article 358 during an emergency declared on grounds of war or external aggression, and Articles 22, 24 and 25 enjoy no special protection.

Q: Prior to the 44th Amendment, Article 352(1) provided that the President could make a proclamation declaring Emergency on the ground of :

Before the 44th Amendment the grounds were war, external aggression or internal disturbance.The original Article 352(1) allowed a proclamation of emergency if the security of India was threatened by war, external aggression or internal disturbance. The 1975 Emergency was declared on the ground of internal disturbance. The 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion', a narrower ground, to prevent such misuse.The options containing 'armed rebellion' describe the position after the 44th Amendment, not before it.

Q: The President's rule imposed in May 1987 in Punjab was allowed to continue for five years under :

The extension was made under the 68th Constitutional Amendment Act, 1991.Article 356(5) limits President's rule to one year unless special conditions are met, and the overall maximum is three years. To keep President's rule in Punjab, imposed in May 1987, Parliament amended the Constitution several times; the 68th Amendment of 1991 allowed it to continue up to five years.The 44th Amendment (1978) tightened Article 356 and emergency provisions, the 25th (1971) dealt with property rights and Article 31C, and the 93rd (2005) inserted Article 15(5) on admissions to educational institutions. None concerns Punjab.

Q: Under Article 355, the obligation of the centre to protect a State arises under which of the following situation ?

The answer is external aggression, internal disturbance and when the State Government cannot be carried on in accordance with the Constitution.Article 355 says it is 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 provisions of the Constitution.The other options substitute words the Article does not use: 'war' (a ground under Article 352, not 355) and 'domestic violence' (a phrase from the US Constitution's guarantee clause, not from Article 355).

Q: Under which of the conditions can the President make proclamation of national emergency ?

The President may proclaim an emergency when the security of India is threatened by war or external aggression or armed rebellion.Under Article 352, the President, on the written advice of the Union Cabinet, may proclaim a national emergency if satisfied that the security of India or any part of it is threatened by war, external aggression or armed rebellion. 'Armed rebellion' replaced 'internal disturbance' through the 44th Amendment of 1978.A war between two other countries is not a ground. The Lok Sabha can move to revoke an emergency on a notice signed by one-tenth of its members, but it cannot requisition one, and state governments have no role in proclaiming it.

Q: Which of the alternatives may be adopted when a proclamation of emergency is laid before a House of Parliament ?(I) approve the proclamation by passing a resolution(II) take no action(III) reject or disapprove of it(IV) refer the matter to the Supreme Court of India

A House may approve the proclamation, take no action, or reject it: (I), (II) or (III).Under Article 352, a proclamation of emergency must be laid before each House and ceases to operate at the end of one month unless approved by resolutions of both Houses. So a House may approve it by resolution, or take no action, in which case the proclamation lapses. Since the 44th Amendment, the Lok Sabha can also pass a resolution disapproving it, which obliges the President to revoke it.There is no procedure for a House to refer a proclamation to the Supreme Court, so every option including (IV) is wrong.

Q: Which of the constitutional amendment has amended Article 359 which now provides that the enforcement of the right to life and liberty under Article 21 cannot be suspended by the president order :

It was the Constitution (Forty-Fourth Amendment) Act, 1978.After the experience of the 1975 to 1977 emergency, the 44th Amendment amended Article 359 so that a Presidential order during an emergency cannot suspend the enforcement of the rights under Articles 20 and 21. This undid the effect of ADM Jabalpur v. Shivkant Shukla (1976).The 42nd Amendment (1976) enlarged emergency and central powers, the 43rd (1977) reversed some of the 42nd's changes in other areas, and the 75th (1993) concerned rent tribunals.

Q: In our constitution, the provision relating to the suspension of fundamental rights during the emergency provisions has been taken from which country?

The provision was taken from Germany.The suspension of Fundamental Rights during an emergency (Articles 358 and 359) was modelled on the Weimar Constitution of Germany, which allowed the President to suspend basic rights in a crisis.From England India took the parliamentary system and rule of law, from the USA the Fundamental Rights and judicial review, and from France the ideals of liberty, equality and fraternity in the Preamble, but not the emergency suspension of rights.

11.

The proclamation of emergency may be declared if the President of India is satisfied that a grave emergency exists whereby the security of India or of any part of the territory there of threatened by :

A.War or external aggression
B.War or armed rebellion
C.War or external aggression or armed rebellion
D.External aggression or armed rebellion

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

The grounds are war or external aggression or armed rebellion.

Under Article 352, the President may proclaim a national emergency if satisfied that a grave emergency exists whereby the security of India or any part of it is threatened by war or external aggression or armed rebellion. The words 'armed rebellion' replaced 'internal disturbance' through the Constitution (Forty-fourth Amendment) Act, 1978.

Each of the other options leaves out one of the three grounds: war and external aggression without armed rebellion, war and armed rebellion without external aggression, or external aggression and armed rebellion without war.

Discuss in Forum

12.

The rights conferred by Part III are suspended during emergencies except :

A.Articles 19 and 20
B.Articles 20 and 21
C.Articles 22 and 25
D.Articles 24 and 25

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: B

The rights that are not suspended are those under Articles 20 and 21.

Under Article 359, the President may suspend the right to move the courts for the enforcement of fundamental rights during an emergency. After the experience of the 1975 Emergency and the ADM Jabalpur case, the 44th Amendment (1978) provided that this power cannot be used for Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty).

Article 19 is in fact suspended automatically by Article 358 during an emergency declared on grounds of war or external aggression, and Articles 22, 24 and 25 enjoy no special protection.

Discuss in Forum

13.

Prior to the 44th Amendment, Article 352(1) provided that the President could make a proclamation declaring Emergency on the ground of :

A.War, External Aggression or Internal Disturbance
B.War, External Aggression or Armed Rebellion
C.External Aggression, Armed Rebellion, Internal Disturbance
D.War, Armed Rebellion, External Aggression

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: A

Before the 44th Amendment the grounds were war, external aggression or internal disturbance.

The original Article 352(1) allowed a proclamation of emergency if the security of India was threatened by war, external aggression or internal disturbance. The 1975 Emergency was declared on the ground of internal disturbance. The 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion', a narrower ground, to prevent such misuse.

The options containing 'armed rebellion' describe the position after the 44th Amendment, not before it.

Discuss in Forum

14.

The President's rule imposed in May 1987 in Punjab was allowed to continue for five years under :

A.44th Constitutional Amendment Act, 1978
B.25th Constitutional Amendment Act, 1971
C.68th Constitutional Amendment Act, 1991
D.93rd Constitutional Amendment Act, 2005

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: C

The extension was made under the 68th Constitutional Amendment Act, 1991.

Article 356(5) limits President's rule to one year unless special conditions are met, and the overall maximum is three years. To keep President's rule in Punjab, imposed in May 1987, Parliament amended the Constitution several times; the 68th Amendment of 1991 allowed it to continue up to five years.

The 44th Amendment (1978) tightened Article 356 and emergency provisions, the 25th (1971) dealt with property rights and Article 31C, and the 93rd (2005) inserted Article 15(5) on admissions to educational institutions. None concerns Punjab.

Discuss in Forum

15.

Under Article 355, the obligation of the centre to protect a State arises under which of the following situation ?

A.War, external aggression and failure of State machinery
B.External aggression, internal disturbance and when the State Government cannot be carried on in accordance with the Constitution
C.When the State Government cannot be carried on in accordance with the Constitution War and Domestic Violence
D.Domestic Violence, War and failure of State machinery

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: B

The answer is external aggression, internal disturbance and when the State Government cannot be carried on in accordance with the Constitution.

Article 355 says it is 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 provisions of the Constitution.

The other options substitute words the Article does not use: 'war' (a ground under Article 352, not 355) and 'domestic violence' (a phrase from the US Constitution's guarantee clause, not from Article 355).

Discuss in Forum

16.

Under which of the conditions can the President make proclamation of national emergency ?

A.When the security of India is threatened by war or external aggression or armed rebellion
B.When two neighbouring countries are on war
C.When more than half of the Members of Lok Sabha make the requisition in writing to the President
D.When more than half of the State Governments make the requisition in writing to the President

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: A

The President may proclaim an emergency when the security of India is threatened by war or external aggression or armed rebellion.

Under Article 352, the President, on the written advice of the Union Cabinet, may proclaim a national emergency if satisfied that the security of India or any part of it is threatened by war, external aggression or armed rebellion. 'Armed rebellion' replaced 'internal disturbance' through the 44th Amendment of 1978.

A war between two other countries is not a ground. The Lok Sabha can move to revoke an emergency on a notice signed by one-tenth of its members, but it cannot requisition one, and state governments have no role in proclaiming it.

Discuss in Forum

17.

Which of the alternatives may be adopted when a proclamation of emergency is laid before a House of Parliament ?

(I) approve the proclamation by passing a resolution
(II) take no action
(III) reject or disapprove of it
(IV) refer the matter to the Supreme Court of India

A.(I) or (III) or (IV) only
B.(I) or (II) or (III) only
C.(II) or (III) or (IV) only
D.(I) or (II) or (IV) only

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: B

A House may approve the proclamation, take no action, or reject it: (I), (II) or (III).

Under Article 352, a proclamation of emergency must be laid before each House and ceases to operate at the end of one month unless approved by resolutions of both Houses. So a House may approve it by resolution, or take no action, in which case the proclamation lapses. Since the 44th Amendment, the Lok Sabha can also pass a resolution disapproving it, which obliges the President to revoke it.

There is no procedure for a House to refer a proclamation to the Supreme Court, so every option including (IV) is wrong.

Discuss in Forum

18.

Which of the constitutional amendment has amended Article 359 which now provides that the enforcement of the right to life and liberty under Article 21 cannot be suspended by the president order :

A.Constitution (Seventy Fifth Amendment) Act, 1993
B.Constitution (Forty Second Amendment) Act, 1976
C.Constitution (Forty-Third Amendment) Act, 1977
D.Constitution (Forty-Fourth Amendment) Act, 1978

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: D

It was the Constitution (Forty-Fourth Amendment) Act, 1978.

After the experience of the 1975 to 1977 emergency, the 44th Amendment amended Article 359 so that a Presidential order during an emergency cannot suspend the enforcement of the rights under Articles 20 and 21. This undid the effect of ADM Jabalpur v. Shivkant Shukla (1976).

The 42nd Amendment (1976) enlarged emergency and central powers, the 43rd (1977) reversed some of the 42nd's changes in other areas, and the 75th (1993) concerned rent tribunals.

Discuss in Forum

19.

In India the first proclamation of national emergency under Article 352 was declared in the year

A.1961
B.1962
C.1965
D.1975

Exam Year(s)

TNPSC Group 1 - 2017, TNPSC - 2017,

Answer: B

The first national emergency under Article 352 was proclaimed in 1962.

It was declared on 26 October 1962 during the war with China, on the ground of external aggression, and remained in force until January 1968.

The second proclamation came in December 1971 during the war with Pakistan, and the third, on the ground of 'internal disturbance', in June 1975. No emergency was proclaimed in 1961 or 1965; the 1965 war with Pakistan was fought while the 1962 proclamation was still in force.

Discuss in Forum

20.

In our constitution, the provision relating to the suspension of fundamental rights during the emergency provisions has been taken from which country?

A.England
B.France
C.USA
D.Germany

Exam Year(s)

TNPSC Group 1 - 2017, TNPSC - 2017,

Answer: D

The provision was taken from Germany.

The suspension of Fundamental Rights during an emergency (Articles 358 and 359) was modelled on the Weimar Constitution of Germany, which allowed the President to suspend basic rights in a crisis.

From England India took the parliamentary system and rule of law, from the USA the Fundamental Rights and judicial review, and from France the ideals of liberty, equality and fraternity in the Preamble, but not the emergency suspension of rights.

Discuss in Forum

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