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Article 358 automatically suspends Article 19 freedoms during National Emergency on grounds of war or external aggression, but not during armed rebellion.
- True
- False
Answer: True
Article 358: Article 19 freedoms (speech, assembly, etc.) automatically suspended only when Emergency is proclaimed on grounds of war/external aggression (not armed rebellion). Suspension lasts for Emergency duration; laws made during suspension remain valid even after revival of Article 19. Article 359 requires Presidential order to suspend other FRs enforcement.
Which Fundamental Right cannot be suspended even during National Emergency?
- Article 14 (Equality)
- Article 19 (Freedoms)
- Article 21 (Life and Personal Liberty)
- Article 32 (Constitutional Remedies)
Answer: Article 21 (Life and Personal Liberty)
Article 359(1A), inserted by 44th Amendment: Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction) and 21 (life & personal liberty). These core rights remain enforceable even during Emergency. Article 19 freedoms are automatically suspended during Emergency on war/external aggression grounds (Article 358).
President's Rule under Article 356 can remain in force for a maximum period of ______ years, subject to Parliamentary approval every 6 months and Election Commission certification after one year.
- 2
- 3
- 4
- 5
Answer: 3
Article 356(5), inserted by 44th Amendment: Maximum duration of President's Rule is 3 years. Extensions beyond 1 year require: (a) National Emergency in India or that State, AND (b) Election Commission certification that elections cannot be held. Prevents indefinite suspension of State democracy; ensures return to normalcy.
If Lok Sabha is dissolved during National Emergency, the Proclamation ceases to operate automatically.
- True
- False
Answer: False
Article 352(6): If Lok Sabha is dissolved during Emergency, and Rajya Sabha approves proclamation, it remains valid. But new Lok Sabha must approve it within 30 days of its first sitting; otherwise, Emergency lapses. Ensures fresh mandate from elected representatives while preventing vacuum during transitional period.
Which of the following was NOT a safeguard introduced by the 44th Amendment Act, 1978 regarding Emergency provisions?
- Replacement of 'internal disturbance' with 'armed rebellion'
- Written Cabinet advice mandatory for proclamation
- Articles 20 and 21 made non-suspendable
- President's Rule can be imposed without Governor's report
Answer: President's Rule can be imposed without Governor's report
44th Amendment safeguards: (a) 'Armed rebellion' replaces 'internal disturbance' (Article 352), (b) Written Cabinet advice mandatory (Articles 352, 356, 360), (c) Articles 20 & 21 non-suspendable (Article 359), (d) Lok Sabha can revoke Emergency by simple majority. Option (d) is incorrect: President's Rule still requires objective material; SR Bommai case added judicial review, not 44th Amendment.
During Financial Emergency, the President can issue directions to States to reduce salaries of all government officials, including Judges of High Courts.
- True
- False
Answer: True
Article 360(3)-(4): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including High Court Judges, (c) reserve Money Bills for Presidential consideration. Note: Supreme Court Judges' salaries can also be reduced (Article 360(4)(b)), but their independence is protected by other safeguards.
In which landmark case did the Supreme Court hold that imposition of President's Rule under Article 356 is subject to judicial review?
- Golaknath case (1967)
- Kesavananda Bharati case (1973)
- SR Bommai case (1994)
- Indira Sawhney case (1992)
Answer: SR Bommai case (1994)
SR Bommai v. Union of India (1994): 9-judge bench held: (a) Presidential satisfaction under Article 356 is not absolute; subject to judicial review, (b) Proclamation can be struck down if mala fide or based on irrelevant grounds, (c) Assembly dissolution should not be automatic, (d) Floor test is primary method to test majority. Landmark judgment curbing misuse of Article 356.
During National Emergency, the enforcement of all Fundamental Rights can be suspended by Presidential order under Article 359.
- True
- False
Answer: False
Article 359: President may suspend enforcement of Fundamental Rights (except Articles 20 & 21) during Emergency via order. 44th Amendment (1978) made Articles 20 (protection in conviction) and 21 (life & personal liberty) non-suspendable even during Emergency. So, not 'all' FRs can be suspended; core rights remain protected.
During National Emergency, Parliament can legislate on subjects in the State List under which Article?
- Article 249
- Article 250
- Article 252
- Article 253
Answer: Article 250
Article 250: During National Emergency, Parliament gains power to legislate on any matter in State List. Laws made cease to operate 6 months after Emergency ends (except things done/omitted before expiry). Combined with Article 353 (Union executive directions to States), federal structure temporarily becomes unitary during Emergency.
Under Article 352(7), if Lok Sabha passes a resolution disapproving continuation of Emergency by ______ majority, the President must revoke the Proclamation.
- simple
- two-thirds
- three-fourths
- absolute
Answer: simple
Article 352(7), inserted by 44th Amendment: If Lok Sabha passes resolution disapproving Emergency by simple majority, President must revoke it. Additionally, if 1/10th of Lok Sabha members give notice to Speaker, special sitting must be held within 14 days to consider revocation. Empowers legislature to check executive Emergency power.
A Proclamation of National Emergency must be approved by both Houses of Parliament within ______ month(s) of its issue, by special majority.
- 1
- 2
- 3
- 6
Answer: 1
Article 352(4): Emergency proclamation must be approved within one month by both Houses with special majority: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. If Lok Sabha is dissolved, Rajya Sabha approves, but Lok Sabha must approve within 30 days of reconstitution. Prevents executive overreach.
Which statement best describes the role of constitutional bodies like EC, UPSC, CAG, and FC in Indian democracy?
- They replace elected governments in key functions
- They operate independently to ensure integrity, merit, accountability, and equity in governance
- They are subordinate to the executive for policy implementation
- They focus only on Union-level governance, not States
Answer: They operate independently to ensure integrity, merit, accountability, and equity in governance
Constitutional bodies are designed as independent institutions to: (a) EC: Ensure free/fair elections (integrity), (b) UPSC: Ensure merit-based recruitment (merit), (c) CAG: Ensure financial accountability (accountability), (d) FC: Ensure equitable resource distribution (equity). Their independence (appointment, removal, finances) shields them from political pressure, strengthening democratic governance. They complement, not replace, elected institutions.
The 15th Finance Commission (2020-25) used the ______ census data for population criterion in horizontal devolution, marking a shift from the long-standing use of 1971 census.
- 1991
- 2001
- 2011
- 2021
Answer: 2011
15th FC used 2011 census for population criterion (weight: 15%), while earlier FCs used 1971 census to avoid penalizing States that controlled population growth. Shift to 2011 data reflects demographic reality but raised concerns among high-fertility States. FC balanced this by giving weight to demographic performance (effort to control population) as separate criterion.
Decisions of Election Commission, UPSC, and CAG are immune from judicial review by courts.
- True
- False
Answer: False
No constitutional body is immune from judicial review. Supreme Court/High Courts can examine: (a) Procedural fairness (natural justice), (b) Jurisdictional errors, (c) Violation of fundamental rights, (d) Arbitrariness/unreasonableness. However, courts show deference to technical/expert decisions (e.g., EC's poll schedule, UPSC's exam standards) unless manifestly illegal. Balances institutional autonomy with constitutional accountability.
Which of the following electoral reforms was NOT implemented based on Election Commission's recommendations?
- Electronic Voting Machines (EVMs)
- Voter Verifiable Paper Audit Trail (VVPAT)
- Noting of 'None of the Above' (NOTA) option
- Simultaneous elections to Lok Sabha and State Assemblies
Answer: Simultaneous elections to Lok Sabha and State Assemblies
EC has recommended simultaneous elections ('One Nation, One Election') to reduce costs, policy paralysis, and populist measures. However, it requires constitutional amendment (Articles 83, 172) and political consensus; not yet implemented. EVMs (1998), VVPAT (2013), NOTA (2013, SC judgment) were implemented based on EC recommendations/SC directions.
Under Article 149, Parliament may prescribe the duties and powers of CAG in relation to audit of accounts of bodies substantially financed by Union or State funds, which has been done through the ______ Act, 1971.
- Comptroller and Auditor General
- Right to Information
- Lokpal and Lokayuktas
- Whistle Blowers Protection
Answer: Comptroller and Auditor General
CAG (Duties, Powers and Conditions of Service) Act, 1971: Defines CAG's audit mandate: (a) Union/State accounts, (b) Bodies substantially financed by government funds, (c) Grants/loans to other bodies. Includes compliance, financial, and performance audits. Empowers CAG to access records, summon officials, ensuring comprehensive financial oversight.
The advice tendered by UPSC to the government is always binding and must be accepted.
- True
- False
Answer: False
Article 320(3): UPSC's advice is not binding; government may accept/reject it. However, if government rejects advice, it must record reasons and place them before Parliament/State Legislature (Article 320(5)). This ensures transparency and accountability while preserving executive's final decision-making authority. Balances merit-based recommendations with administrative flexibility.
After ceasing to hold office, the CAG is eligible for further appointment under Union or State Government.
- True
- False
Answer: False
Article 148(4): CAG, after ceasing office, is not eligible for further appointment under Union or State Government. Similar restrictions for CEC (no post-tenure government employment) and UPSC members (limited exceptions). Prevents conflict of interest and ensures members act independently without expectation of post-tenure rewards.
The President specifies the terms of reference for the Finance Commission, which typically include criteria for ______ distribution of tax revenues.
- horizontal
- vertical
- both horizontal and vertical
- sectoral
Answer: both horizontal and vertical
Article 280(3): FC recommends: (a) Vertical devolution: share of Union taxes to States (e.g., 41% by 15th FC), (b) Horizontal devolution: distribution among States using criteria like population (1971/2011), area, forest cover, income distance, demographic performance. Balances equity (needier States get more) and efficiency (rewarding reforms).
A member of UPSC can be removed by the President on grounds of misbehaviour only after the ______ has conducted an inquiry and reported that removal is justified.
- Supreme Court
- High Court
- Parliament
- Cabinet
Answer: Supreme Court
Article 317: UPSC member can be removed by President on grounds of: (a) insolvency, (b) engaging in paid employment outside duties, (c) infirmity of mind/body, (d) misbehaviour. For misbehaviour, President must refer matter to Supreme Court; removal only if SC upholds charges after inquiry. Ensures due process and protects members from arbitrary removal.