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The Supreme Court can review its own judgments under Article 137.
- True
- False
Answer: True
Article 137 empowers the Supreme Court to review any judgment pronounced or order made by it, subject to provisions of any law made by Parliament or rules made under Article 145. This review jurisdiction is exercised by a bench of the same or larger strength, typically to correct patent errors or address new evidence.
During a National Emergency, which Fundamental Rights cannot be suspended even by a Presidential order?
- Articles 14 and 19
- Articles 20 and 21
- Articles 25 and 26
- Articles 32 and 226
Answer: Articles 20 and 21
After the 44th Amendment Act, 1978, Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty) cannot be suspended even during a National Emergency. Earlier, during the 1975 Emergency, even Article 21 was suspended, leading to this safeguard.
The Parliament can make laws on a subject in the State List if the Rajya Sabha passes a resolution by a two-thirds majority declaring it expedient in the national interest.
- True
- False
Answer: True
Under Article 249, if Rajya Sabha passes a resolution by a two-thirds majority of members present and voting that it is expedient in the national interest for Parliament to legislate on a State List subject, Parliament can make laws on that subject. Such a resolution remains in force for one year but can be renewed. This provision balances federalism with national needs.
Which type of emergency has never been proclaimed in India so far?
- National Emergency (Article 352)
- State Emergency/President's Rule (Article 356)
- Financial Emergency (Article 360)
- All have been proclaimed
Answer: Financial Emergency (Article 360)
Financial Emergency under Article 360 has never been proclaimed in India. National Emergency has been proclaimed three times (1962, 1971, 1975), and President's Rule under Article 356 has been imposed over 120 times in various States. The non-use of Article 360 reflects India's relatively stable financial management.
During a Financial Emergency under Article 360, the President can direct reduction of salaries of all government officials including Judges of the Supreme Court and High Courts.
- True
- False
Answer: True
Article 360 empowers the President to proclaim a Financial Emergency if satisfied that India's financial stability or credit is threatened. During such emergency, the President can issue directions for reduction of salaries of all government officials, including Supreme Court and High Court Judges. However, a Financial Emergency has never been proclaimed in India.
In case of a conflict between a law made by Parliament and a law made by a State Legislature on a subject in the Concurrent List, which law prevails?
- State law always prevails
- Central law always prevails
- The law which received Presidential assent first prevails
- The matter is decided by the Supreme Court
Answer: Central law always prevails
Under Article 254, if there is a repugnancy between a Central law and a State law on a Concurrent List subject, the Central law prevails. However, if the State law has been reserved for the President's consideration and has received his assent, then the State law prevails in that State (subject to Parliament's power to override later).
A National Emergency under Article 352 can be proclaimed only on the written advice of the Cabinet.
- True
- False
Answer: True
After the 44th Amendment Act, 1978, the President can proclaim a National Emergency under Article 352 only after receiving a written recommendation from the Cabinet (not just the Prime Minister). This was done to prevent misuse of emergency powers as seen during 1975.