Emergency Provisions Questions and Answers

Q: Under the scheme of the Constitution of India, once a Proclamation under Article 352 is in operation, Parliament may legislate on matters in the State List by virtue of :

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.

Q: Which of the following is/are the consequence(s) of invoking Article 360, declaration of a financial emergency?1. The President may order the States to reduce the salaries and allowances of all or any class of employees serving in connection with the State affairs.2. Money Bills or other financial bills passed by the State Legislature are not required to be reserved for the consideration of the President.3. The President can issue directions for the reduction of salaries and allowances of all or any class of employees serving in connection with the affairs of the Union, including the Judges of the Supreme Court and the High Courts.4. Money Bills or other financial bills are to be reserved for the consideration of the President after they are passed by the Legislature of the State.Select the correct answer using the codes given below.

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.

Q: If the President of India issues proclamation under Article 352 of the Constitution of India declaring that the security of India or any part of the territory thereof is threatened by 'war' or by 'external aggression', which of the following consequences ensue ?

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.

Q: Identify the right statement/s from the list given below.1. With the proclamation of Art. 358 Article 19 will be automatically suspended.2. With the proclamation of Art. 359 Article 19 will be automatically suspended.3. The constitutionality of a declaration of emergency can be questioned in court.4. Art. 360 has been used three times since independence.

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.

Q: Which of the following statements is false with respect to emergency under the Constitution ?

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.

Q: Under whose advice can the President of India declare Emergency under Article 352 ?

The President declares Emergency on the advice of the Union Cabinet.The 44th Amendment (1978) added that a proclamation under Article 352 can be issued only when the decision of the Union Cabinet (the Prime Minister and the Cabinet-rank ministers) is communicated to the President in writing. This was a response to the 1975 Emergency, which was proclaimed on the Prime Minister's advice alone.So the Prime Minister alone is not enough, the wider Council of Ministers is not specified, and the Chief Ministers have no role.

Q: During an emergency all of the following fundamental rights are suspended, except

The right not suspended is the Right to Life and Personal Liberty.Since the 44th Constitutional Amendment of 1978, the President cannot suspend the enforcement of the rights in Articles 20 and 21 during an emergency. Article 21 is the protection of life and personal liberty, and Article 20 gives protection in respect of conviction for offences.The other three are freedoms under Article 19: speech and expression, peaceful assembly without arms, and association. Under Article 358 these are suspended automatically when a national emergency is declared on the ground of war or external aggression.

Q: Which of the following statements is false?

The false statement is The satisfaction of President in declaring the Financial Emergency is beyond Judicial Review.The 38th Amendment (1975) made the President's satisfaction under Article 360 final and beyond challenge, but the 44th Amendment (1978) deleted that clause. The proclamation can therefore be reviewed by the courts.The other statements are correct. Article 360 is the power to proclaim a Financial Emergency. Once both Houses approve it within two months, it continues indefinitely without further approval until it is revoked. The President can revoke it at any time by a later proclamation, which needs no parliamentary approval.

Q: What is the minimum period for which President's Rule under Article 356 remains valid ?

The key's answer is six months.Under Article 356, a proclamation of President's Rule lapses after two months unless both Houses of Parliament approve it. Once approved, it remains in force for six months from the date of the proclamation, and it can be extended by further approvals six months at a time, up to a maximum of three years (beyond one year only on the conditions in Article 356(5)).So six months is the period for which an approved proclamation runs before it must be renewed. Three, four and five months are not periods the Article fixes at any stage, which rules out the other options.

Q: Which of the following is a mandatory requirement for issuing the proclamation of emergency by the President ?

The mandatory requirement is the recommendation of the Union Cabinet communicated in written form.Article 352(3), inserted by the 44th Amendment in 1978 after the experience of the 1975 Emergency, bars the President from proclaiming an emergency unless the decision of the Union Cabinet (the Prime Minister and the Ministers of Cabinet rank) has been communicated to him in writing.The advice of the Prime Minister alone, which was how the 1975 proclamation was made, is exactly what the amendment ruled out. An oral communication is not enough, and the Home Ministry has no separate role in the decision.

Under the scheme of the Constitution of India, once a Proclamation under Article 352 is in operation, Parliament may legislate on matters in the State List by virtue of :

A.Article 356
B.Article 249
C.Article 250
D.Article 360

Exam Year(s)

AIBE - 2026,

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.

Discuss in Forum

Which of the following is/are the consequence(s) of invoking Article 360, declaration of a financial emergency?

1. The President may order the States to reduce the salaries and allowances of all or any class of employees serving in connection with the State affairs.
2. Money Bills or other financial bills passed by the State Legislature are not required to be reserved for the consideration of the President.
3. The President can issue directions for the reduction of salaries and allowances of all or any class of employees serving in connection with the affairs of the Union, including the Judges of the Supreme Court and the High Courts.
4. Money Bills or other financial bills are to be reserved for the consideration of the President after they are passed by the Legislature of the State.

Select the correct answer using the codes given below.

A.Only 1, 3 and 4
B.Only 2
C.Only 1 and 2
D.All of the above

Exam Year(s)

BPSC Exam - 2023, BPSC CDPO - 2023,

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.

Discuss in Forum

If the President of India issues proclamation under Article 352 of the Constitution of India declaring that the security of India or any part of the territory thereof is threatened by 'war' or by 'external aggression', which of the following consequences ensue ?

A.Only the fundamental rights guaranteed under Article 19 stand suspended automatically
B.All fundamental rights guaranteed under Part - III of the Constitution stand automatically suspended
C.All fundamental rights guaranteed under Part - III of the Constitution (except Articles 20 and 21) stand automatically suspended
D.None of the above

Exam Year(s)

Kerala PSC KAS - 2020,

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.

Discuss in Forum

Identify the right statement/s from the list given below.

1. With the proclamation of Art. 358 Article 19 will be automatically suspended.
2. With the proclamation of Art. 359 Article 19 will be automatically suspended.
3. The constitutionality of a declaration of emergency can be questioned in court.
4. Art. 360 has been used three times since independence.

A.1 and 2
B.1 and 3
C.1, 2 and 3
D.3 and 4

Exam Year(s)

Kerala PSC KAS - 2025,

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.

Discuss in Forum

Which of the following statements is false with respect to emergency under the Constitution ?

A.Emergency may be declared on account of failure of Constitutional machinery in a State.
B.During emergency, there is suspension of right to Constitutional Remedies with respect to enforcement of all fundamental rights.
C.Art. 360 of the Constitution talks about financial emergency.
D.None of the above

Exam Year(s)

Kerala PSC KAS - 2025,

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.

Discuss in Forum

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

Exam Year(s)

MPPSC State Service - 2024, MPPSC Forest Service - 2024,

Answer: C

The President declares Emergency on the advice of the Union Cabinet.

The 44th Amendment (1978) added that a proclamation under Article 352 can be issued only when the decision of the Union Cabinet (the Prime Minister and the Cabinet-rank ministers) is communicated to the President in writing. This was a response to the 1975 Emergency, which was proclaimed on the Prime Minister's advice alone.

So the Prime Minister alone is not enough, the wider Council of Ministers is not specified, and the Chief Ministers have no role.

Discuss in Forum

During an emergency all of the following fundamental rights are suspended, except

A.Freedom of Association
B.Freedom of Speech and Expression
C.Right to Life and Personal Liberty
D.Freedom of Assembly without Arms

Exam Year(s)

Northern Coalfields Limited - 2020, NCL Technician - 2020,

Answer: C

The right not suspended is the Right to Life and Personal Liberty.

Since the 44th Constitutional Amendment of 1978, the President cannot suspend the enforcement of the rights in Articles 20 and 21 during an emergency. Article 21 is the protection of life and personal liberty, and Article 20 gives protection in respect of conviction for offences.

The other three are freedoms under Article 19: speech and expression, peaceful assembly without arms, and association. Under Article 358 these are suspended automatically when a national emergency is declared on the ground of war or external aggression.

Discuss in Forum

Which of the following statements is false?

A.Art 360 empowers the President to proclaim a Financial Emergency.
B.The satisfaction of President in declaring the Financial Emergency is beyond Judicial Review.
C.The Financial Emergency once approved by both the Houses of the Parliament, continues indefinitely till revoked.
D.Revocation of Financial Emergency does not require Parliamentary approval.

Exam Year(s)

Punjab Civil Service - 2017,

Answer: B

The false statement is The satisfaction of President in declaring the Financial Emergency is beyond Judicial Review.

The 38th Amendment (1975) made the President's satisfaction under Article 360 final and beyond challenge, but the 44th Amendment (1978) deleted that clause. The proclamation can therefore be reviewed by the courts.

The other statements are correct. Article 360 is the power to proclaim a Financial Emergency. Once both Houses approve it within two months, it continues indefinitely without further approval until it is revoked. The President can revoke it at any time by a later proclamation, which needs no parliamentary approval.

Discuss in Forum

What is the minimum period for which President's Rule under Article 356 remains valid ?

A.Three months
B.Four months
C.Five months
D.Six months

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

The key's answer is six months.

Under Article 356, a proclamation of President's Rule lapses after two months unless both Houses of Parliament approve it. Once approved, it remains in force for six months from the date of the proclamation, and it can be extended by further approvals six months at a time, up to a maximum of three years (beyond one year only on the conditions in Article 356(5)).

So six months is the period for which an approved proclamation runs before it must be renewed. Three, four and five months are not periods the Article fixes at any stage, which rules out the other options.

Discuss in Forum

10.

Which of the following is a mandatory requirement for issuing the proclamation of emergency by the President ?

A.Recommendation of the Prime Minister
B.Recommendation of Union Cabinet Communicated in oral or written form
C.Recommendation of Home Ministry communicated through the Prime Minister
D.Recommendation of Union Cabinet communicated in the written form

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

The mandatory requirement is the recommendation of the Union Cabinet communicated in written form.

Article 352(3), inserted by the 44th Amendment in 1978 after the experience of the 1975 Emergency, bars the President from proclaiming an emergency unless the decision of the Union Cabinet (the Prime Minister and the Ministers of Cabinet rank) has been communicated to him in writing.

The advice of the Prime Minister alone, which was how the 1975 proclamation was made, is exactly what the amendment ruled out. An oral communication is not enough, and the Home Ministry has no separate role in the decision.

Discuss in Forum

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