Emergency Provisions Questions and Answers

Q: Which provision of the Constitution imposes a duty on the Union to ensure that the Government of every State is carrying on in accordance with the provisions of the Constitution ?

The provision that imposes this duty on the Union is Article 355.Article 355 makes 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 provisions of the Constitution. It is the source of the Union's obligation which Article 356 makes effective.Article 352 deals with national emergency, Article 356 with the failure of the constitutional machinery in a State, and Article 360 with financial emergency. They are the powers used to act, not the duty stated in the question.

21.

Article 20 and Article 21 has been taken from the purview of Article 359 of the Constitution of India by

A.42nd Amendment
B.43rd Amendment
C.44th Amendment
D.59th Amendment

Exam Year(s)

UGC NET - 2012,

Answer: C

The 44th Amendment, passed in 1978, changed Article 359 so that, when the President suspends the enforcement of fundamental rights during an Emergency, Articles 20 and 21 cannot be suspended. This was a reaction to the experience of the Emergency of 1975 to 1977 and the ADM Jabalpur case. The 42nd Amendment of 1976 did the opposite kind of work, widening Emergency and State powers, and the 43rd Amendment repealed some of its provisions on other subjects. There was no 59th Amendment change of this kind, as its subject was Punjab and the Emergency power there. The answer is the 44th Amendment.

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22.

The President's rule under Article 356 of the Constitution of India remains valid in the State for maximum period of

A.One month
B.Three months
C.Six months
D.One year

Exam Year(s)

UGC NET - 2012,

Answer: C

The keyed answer is (C), six months. A proclamation of President's rule under Article 356 must be approved by both Houses within two months, and once approved it continues for six months, after which it needs fresh approval; the total period was limited to one year, or three years in the case of the 44th Amendment's conditions. The question asks for the period of validity on an approval, and the key reads it as six months. One month in option (A) and three months in option (B) are shorter than the period given, and one year in option (D) is the total limit that can be reached by renewal and not the period of validity of a single approval.

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23.

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

A.Fifteen days
B.Two months
C.One month
D.Six months

Exam Year(s)

UGC NET - 2013,

Answer: B

When the President issues a proclamation of financial emergency under Article 360, it must be approved by both Houses of Parliament within two months, or it ceases to operate. So at the first instance the period is two months. The other durations given, fifteen days, one month and six months, do not appear in Article 360. The same time limit applies to a proclamation of national emergency under Article 352, which also has to be approved within a month in the current text, so the periods should be learnt separately.

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24.

A resolution for the revocation of the proclamation of National Emergency may be moved by

A.Ten members of Lok Sabha
B.One-fifth of the total membership of the Lok Sabha.
C.One-tenth of the total membership of the Lok Sabha.
D.One-fifteenth of the total membership of the Lok Sabha.

Exam Year(s)

UGC NET - 2013,

Answer: C

Under Article 352(8), when not less than one-tenth of the total membership of the Lok Sabha gives written notice to the Speaker (or to the President when the House is not in session), a special sitting must be held within fourteen days to consider a resolution disapproving the continuance of the Proclamation of Emergency. The one-tenth figure was fixed by the 44th Amendment, replacing the earlier one-fifth. So ten members, one-fifth and one-fifteenth are all wrong. The answer is one-tenth of the total membership of the Lok Sabha.

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25.

Which provision of the Constitution imposes a duty on the Union to ensure that the Government of every State is carrying on in accordance with the provisions of the Constitution ?

A.Article 352
B.Article 355
C.Article 356
D.Article 360

Exam Year(s)

UGC NET - 2013,

Answer: B

The provision that imposes this duty on the Union is Article 355.

Article 355 makes 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 provisions of the Constitution. It is the source of the Union's obligation which Article 356 makes effective.

Article 352 deals with national emergency, Article 356 with the failure of the constitutional machinery in a State, and Article 360 with financial emergency. They are the powers used to act, not the duty stated in the question.

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26.

Which of the following Articles providing for fundamental rights cannot be suspended during the Proclamation of Emergency ?

A.Articles 14 and 15
B.Articles 19 and 20
C.Articles 20 and 21
D.Articles 21 and 22

Exam Year(s)

UGC NET - 2013,

Answer: C

Articles 20 and 21 cannot be suspended during a proclamation of emergency. Article 359 lets the President suspend the right to move the courts for enforcement of Fundamental Rights, but, since the 44th Amendment, it expressly excludes Articles 20 and 21. Article 19 is suspended automatically under Article 358 during an emergency declared on grounds of war or external aggression, and Articles 14, 15 and 22 can be suspended. So option C is correct.

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