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IAS Prelims Exam: GS Polity Questions: Emergency Provisions Set II

Jun 2, 2016 13:23 IST

    Indian Polity is easy to understand but it is harder to attempt the questions correctly in the UPSC IAS prelims Exam because of the ambiguous nature of such questions. 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. The nature of Indian Polity Questions to be asked in General studies Paper I of UPSC IAS Prelims Exam will be more static and the static part of any subject considered as the easiest part to prepare well.

    To the rescue of the UPSC IAS aspirants, here we present the set of very useful MCQs of GS Indian Polity for the Preparation of UPSC IAS Prelims Exam:

    1.Till date how many times the National Emergency has been proclaimed in India?

    a.1

    b.2

    c.3

    d.4

    Answer: c

    Explanation:

    National Emergency has been proclaimed three times so far—in 1962, 1971 and 1975. The first proclamation of

    National Emergency was issued in October 1962 on account of Chinese aggression in the NEFA (North-East Frontier

    Agency—now Arunachal Pradesh), and was in force till January 1968. Hence, a fresh proclamation was not needed at the time of war against Pakistan in 1965.The second proclamation of national emergency was made in December 1971 in the wake ofattack by Pakistan. Even when this Emergency was in operation, a third proclamation of National Emergency was made in June 1975. Both the second and third proclamations were revoked in March 1977.The first two proclamations (1962 and 1971) were made on the ground of ‘external aggression’, while the third proclamation (1975) was made on the ground of internal disturbance’, that is, certain persons have been inciting the police and the armed forces against the discharge of their duties and their normal functioning.

    2.Which of the following commission was appointed by the Janta Party government to investigate the circumstancesthat warranted the declaration of an Emergency in 1975?

    a.Sarkaria Commission

    b.Shah Commission

    c.Mukherjee Commission

    d.Kothari Commission

    Answer: b

    Explanation:

    The Emergency declared in 1975 (internal emergency) proved to be the most controversial. There was widespread criticism of the misuse of Emergency powers. In the elections held to the Lok Sabha in 1977 after the Emergency, the Congress Party led by Indira Gandhi lost and the Janta Party came to power. This government appointed the Shah Commission to investigate the circumstances that warranted the declaration of an Emergency in 1975. The commission did not justify the declaration of the Emergency. Hence, the 44th Amendment Act was enacted in 1978 to introduce a number of safeguards against the misuse of Emergency provisions.

    Sarkaria Commission:  It was set up in June 1983 by the central government of India to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Constitution of India.

    Kothari Commission: It was an ad hoc commission set up by the Government of India to examine all aspects of the educational sector in India, to evolve a general pattern of education and to advise guidelines and policies for the development of education in India.

    Mukherjee Commission: It was one-man board appointed by the Government of India in 1999 to inquire and investigate into the death of Subhas Chandra Bose. Justice Manoj Mukherjee, a retired judge of the Supreme Court of India, was appointed to lead the inquiry.

    3.Consider the following grounds of ‘President Rule’ in India:

    I.Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.

    II.Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance withthe provisions of the Constitution.

    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: c

    Explanation:

    The President’s Rule can be proclaimed under Article 356 on two grounds—one mentioned in Article 356 itself and another in Article 365:

    • Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (ie, even without the governor’s report).

    • Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

    4.In case of a proclamation imposing President’s Rule has been approved by both the Houses of Parliament then the President’s Rule continues for how long?

    a.2 months

    b.6 months

    c.12 months

    d.It depends on the will of the President

    Answer: b

    Explanation:

    If approved by both the Houses of Parliament, the President’s Rule continues for six months6. It can be extended for a maximum period of three years7 with the approval of the Parliament, every six months. However, if the dissolution of the Lok Sabha takes place during the period of six months without approving the further continuation of the President’s Rule, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved its continuance.

    5.In which of the following amendment of Indian Constitution introduced a new provision to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year?

    a.41st Amendment Act

    b.42nd Amendment Act

    c.44th Amendment Act

    d.45th Amendment Act

    Answer: c

    Explanation:

    The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled:

    • A proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state; and

    • The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.

    6.Consider the following statements regarding the extraordinary powers President when the President rule is imposed in a state:

    I.President can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.

    II.President can declare that the powers of the state legislature are to be exercised by the Parliament.

    III.President can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the state.

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

    a.Only I

    b.I and II

    c.II and III

    d.All of the above

    Answer: d

    Explanation:

    When the President’s Rule is imposed in a state; the President dismisses the state council of ministers headed by the chief minister. The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President. This is the reason why a proclamation under Article 356 is popularly known as the imposition of ‘President’s Rule’ in a state. Further, the President either suspends or dissolves the state legislative assembly. The Parliament passes the state legislative bills and the state budget.

    7.With reference to the President rule and hence the dissolution of legislative assembly of state which of the following statement is incorrect?

    a.The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him in this regard.

    b.The Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities.

    c.The President cannot authorise, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament.

    d.The President can promulgate, when the Parliament is not in session, ordinances for the governance of the state.

    Answer: c

    Explanation:

    In case of dissolution of legislative assembly of state due to proclamation of President Rule in the state, the President can authorise, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament.

    8.With reference to the President Rule which of the following statements is correct?

    a.It can be proclaimed only when the security of India or a part of it is threatened by war, external aggression or armed rebellion.

    b.It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion.

    c.There is no maximum period prescribed for its operation. It can be continued indefinitely with the approval of Parliament for every six months.

    d.Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority.

    Answer: b

    Explanation:

    It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion. During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre.

    9.Which of the following Amendment Acts made provision of judicial review against the presidential proclamation imposing President’s Rule under the Article 356?

    a.38th Amendment Act

    b.42nd Amendment Act

    c.44th Amendment Act

    d.46th Amendment Act

    Answer: c

    Explanation:

    The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which could not be challenged in any court on any ground. But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.

    10.Which of the following commissions was constituted by Government of India to examine the centre and state relations:

    a.Sarkaria Commission

    b.Usha Mehra Commission

    c.Shah Commission

    d.Kothari Commission

    Answer: a

    Explanation:

    Sarkaria Commission: It was set up in June 1983 by the central government of India to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Constitution of India.

    1Usha Mehra Commission: It has been set up to enquire into various aspect of the shocking incident of rape and brutal assault of a young woman in Delhi on 16.12.2012, identify the lapses, if any, on the part of the police or any other Authority or person that contributed to the occurrence: and fix responsibility for the lapses and/or negligence on the part of the police of any other Authority or person.

    Click here for the GS Polity Study Material

    For further queries and discussion on various subjects click here

    : UPSC IAS Prelims Exam, UPSC IAS Prelims Indian Polity, IAS Prelims GS Polity Questions, Emergency Provisions of Indian Constitution

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