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The report of the Governor under Article 356 for imposition of President's Rule is not binding on the ______, who makes the final satisfaction.
- Prime Minister
- President
- Chief Justice
- Parliament
Answer: President
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 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.
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.