GK Questions

Article 368(2): Special majority = (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. This ensures broad consensus for constitutional changes. Some amendments additionally require ratification by half of State Legislatures (federal provisions).

Emergency provisions reflect constitutional balance: (a) Enable strong Union response to existential threats (war, financial collapse, State breakdown), (b) But include safeguards: written Cabinet advice, Parliamentary approval, judicial review (SR Bommai), non-suspendable rights (Articles 20-21), time limits. Designed for temporary crisis management, not permanent authoritarianism. 44th Amendment strengthened this balance post-1975 experience.

Articles 352(2)(b), 356(1)(c), 360(2)(b): President can revoke Emergency proclamation anytime by subsequent proclamation. No Parliamentary approval needed for revocation (only for imposition/extension). Enables executive to restore normalcy promptly when crisis abates, without legislative delay.

Article 360(2)(a): Financial Emergency proclamation must be approved by both Houses within 2 months, but by simple majority (not special majority like National Emergency). If approved, remains in force indefinitely unless revoked. Simpler approval reflects that Financial Emergency is economic measure, not political crisis requiring supermajority consensus.

Article 250(2): Laws made by Parliament on State List during Emergency cease to have effect 6 months after Emergency ends, except for things done/omitted before expiry. Allows transitional period for States to resume legislative competence while preventing permanent Union encroachment on State powers post-Emergency.

Article 356(1): President may act on Governor's report 'or otherwise'. Governor's report is important but not binding; President forms independent satisfaction based on all available material. However, SR Bommai case mandated that satisfaction must be based on objective material, not subjective opinion, and is subject to judicial review.

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.

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).

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.