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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.
National Emergency under Article 352 has been proclaimed ______ times in India's history: 1962 (China war), 1971 (Indo-Pak war), and 1975 (internal disturbance).
- two
- three
- four
- five
Answer: three
National Emergency proclaimed thrice: (1) Oct 1962 - China aggression (lifted Jan 1968), (2) Dec 1971 - Indo-Pak war (lifted Mar 1977), (3) Jun 1975 - 'internal disturbance' (lifted Mar 1977). 1975 Emergency was controversial; led to 44th Amendment safeguards. State Emergency (Article 356) used over 120 times; Financial Emergency never used.
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.
Under Article 360, Financial Emergency can be proclaimed if the President is satisfied that the financial stability or ______ of India is threatened.
- sovereignty
- credit
- territorial integrity
- parliamentary democracy
Answer: credit
Article 360(1): President may proclaim Financial Emergency if satisfied that financial stability or credit of India (or any part) is threatened. Requires written Cabinet advice (44th Amendment). Must be approved by Parliament within 2 months by simple majority. Never invoked in India, but provisions exist for extreme fiscal crises.
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 President's Rule, the State Legislative Assembly is automatically dissolved.
- True
- False
Answer: False
Article 356(1)(a): President may assume State executive functions and declare that State Legislature powers shall be exercisable by Parliament. Assembly may be: (a) suspended (not dissolved), allowing revival if President's Rule revoked, or (b) dissolved, requiring fresh elections. SR Bommai case held that dissolution should not be automatic; Assembly can be revived if Proclamation struck down by court.
A Proclamation under Article 356 must be approved by both Houses of Parliament within ______ months of its issue.
- 1
- 2
- 3
- 6
Answer: 2
Article 356(3): President's Rule proclamation must be approved by both Houses within 2 months by simple majority. If approved, remains in force for 6 months; can be extended maximum up to 3 years with Parliamentary approval every 6 months. After 1 year, extensions require: (a) National Emergency in India/State, AND (b) Election Commission certification that elections cannot be held.
Under Article 356, President's Rule can be imposed in a State if the President is satisfied, on receipt of report from the ______ or otherwise, that State government cannot function per Constitution.
- Chief Minister
- Governor
- Chief Justice
- Speaker
Answer: Governor
Article 356(1): President may issue Proclamation if satisfied (on Governor's report or otherwise) that State government cannot be carried on per Constitution. 'Or otherwise' allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use.
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.
Once approved by Parliament, a National Emergency remains in force indefinitely unless revoked by the President.
- True
- False
Answer: False
Article 352(5): Emergency approved by Parliament remains in force for 6 months from date of approval. Can be extended indefinitely by Parliamentary approval every 6 months (special majority each time). 44th Amendment ensured periodic legislative review, preventing indefinite Emergency without fresh mandate.
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.
A Proclamation of National Emergency under Article 352 can be issued by the President only on the ______ recommendation of the Cabinet.
- oral
- written
- unanimous
- majority
Answer: written
Article 352(3), inserted by 44th Amendment (1978): President can proclaim Emergency only after receiving written recommendation of Cabinet (not just PM). This curbs arbitrary use by ensuring collective responsibility. Written record enables judicial review and parliamentary scrutiny of Emergency declaration.
The 44th Constitutional Amendment Act, 1978 replaced the ground of 'internal disturbance' with 'armed rebellion' for proclaiming National Emergency.
- True
- False
Answer: True
Original Article 352 allowed Emergency on grounds of 'war, external aggression, or internal disturbance'. 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' to prevent misuse (as during 1975 Emergency). Now, mere internal unrest cannot justify National Emergency; must be armed rebellion of significant scale.
How many types of Emergency provisions are contained in the Indian Constitution?
- Two
- Three
- Four
- Five
Answer: Three
Part XVIII (Articles 352-360) contains three types of Emergency: (1) National Emergency under Article 352 (war, external aggression, armed rebellion), (2) State Emergency/President's Rule under Article 356 (failure of constitutional machinery in State), (3) Financial Emergency under Article 360 (threat to financial stability/credit of India).
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.