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IAS Prelims 2016: GS Polity Questions: Emergency Provisions

May 26, 2016 03:50 IST

    Indian Polity is easy to understand but it is harder to attempt the questions correctly in the UPSC IAS Exam because the questions asked are very ambiguous. In UPSC IAS Prelims Exam, there will 15 to 20 questions from the subject GS Polity alone. So, the UPSC IAS Exam aspirants have greater chance to score better in this section because the nature of questions to be asked in this section of UPSC IAS Prelims Exam will be more static and the static part of any subject considered as the easiest part to preparation.

    1.To the rescue of the IAS aspirants, here we present the set of very useful questions for the practice of the IAS Prelims Exam:

    1.Consider the following statements regarding the Emergency Provisions of the Indian Constitution:

    I.Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.

    II.The provisions enable the Central government to meet any abnormal situation effectively.

    III.The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.

    Which of the following statement(s) is/are correct?

    a.Only

    b.Only II

    c.Both I and II

    d.Neither I nor II

    Answer: d

    Explanation:

    The Emergency provisions are contained in Part XVIII of the Indian Constitution, from Articles 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively. The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.

    2.With reference to the Emergency provisions, which of the statements is incorrect?

    a.During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre.

    b.It converts the unitary structure into a federal one without a formal amendment of the Constitution.

    c.It converts the federal structure into a unitary one without a formal amendment of the Constitution.

    d.This kind of transformation of the political system from federal during normal times to unitary during Emergency is a unique feature of the Indian Constitution.

    Answer: b

    Explanation:

    During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation of the political system from federal during normal times to unitary during Emergency is a unique feature of the Indian Constitution.

    3. Which of the following types of Emergency provisions is/are contained in the Indian Constitution?

    a.National Emergency

    b.Constitutional Emergency

    c.Financial Emergency

    d.All of the above

    Answer: d

    Explanation:

    The Indian Constitution stipulates three types of emergencies:

    • An emergency due to war, external aggression or armed rebellion2 (Article 352). This is popularly known as ‘National Emergency’. However, the Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.

    • An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’. It is also known by two other names—‘State Emergency’ or ‘constitutional Emergency’. However, the Constitution does not use the word ‘emergency’ for this situation.

    • Financial Emergency due to a threat to the financial stability or credit of India (Article 360).

    4. In which of the following cases,  the President of India can declare national Emergency in the country:

    I.Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

    II.The president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.

    III.A provision of proclamation of national emergency on grounds of war, external aggression, armed rebellion, or imminent danger was added by the 38th Amendment Act of 1975.

    Which of the following statement(s) is/are correct?

    a.Only I

    b.Only II

    c.Both I and II

    d.Neither I nor II

    Answer: d

    Explanation:

    Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. The president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger. A proclamation of national emergency may be applicable to the entire country or only a part of it.

    5.Which of the following Amendment of Indian Constitution enabled the president to limit the operation of a National Emergency to a specified part of India:

    a.42nd Amendment Act

    b.38th Amendment Act

    c.44th Amendment Act

    d.40th Amendment Act

    Answer: a

    Explanation:

    A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.

    6.The President can proclaim a national emergency only after receiving a written recommendation from:

    a.Prime Minister

    b.Cabinet

    c.Vice President

    d.Rajya Sabha Chairman

    Answer: b

    Explanation:

    The President can proclaim a national emergency only after receiving a written recommendation from Cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister. In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

    7.The proclamation of Emergency must be approved by:

    a.Lok Sabha

    b.Rajya Sabha

    c.Both the Houses of Parliament

    d.Supreme Court of India

    Answer: c

    Explanation:

    Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting. This special majority provision was introduced by the 44th Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of the Parliament.

    8.Consider the following statements regarding the Executive powers during National Emergency:

    I.During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised.

    II.In normal times, the Centre can give executive directions to a state only on certain specified matters.

    III.During a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter.

    Which of the following statement(s) is/are correct?

    a.Only I

    b.Only II

    c.Both I and II

    d.Neither I nor II

    Answer: d

    Explanation:

    During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. In normal times, the Centre can give executive directions to a state only on certain specified matters. However, during a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter. Thus, the state governments are brought under the complete control of the Centre, though they are not suspended.

    9. Consider the following statements regarding the legislative powers during the National Emergency:

    I.During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List.

    II.The legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.

    III.The normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures is not suspended.

    Which of the following statement(s) is/are correct?

    a.Only I

    b.Only II

    c.Both I and II

    d.Neither I nor II

    Answer: d

    Explanation:

    During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures is not suspended. In brief, the Constitution becomes unitary rather than federal. The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.

    10.While a proclamation of national emergency is in operation:

    I.The President can modify the constitutional distribution of revenues between the centre and the states.

    II.The president can either reduce or cancel the transfer of finances from Centre to the states.

    III.The modification continues till the end of the financial year in which the Emergency ceases to operate.

    Which of the following statement(s) is/are correct?

    a.Only I

    b.Only II

    c.Both I and II

    d.Neither I nor II

    Answer: d

    Explanation:

    While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states. This means that the president can either reduce or cancel the transfer of finances from Centre to the states. Such modification continues till the end of the financial year in which the Emergency ceases to operate. Also, every such order of the President has to be laid before both the Houses of Parliament.

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