UPSC IAS Exam 2021: UPSC Civil Service Prelims 2021 exam is scheduled for June 27. To help the aspirants in their preparation and revision, we have provided 10 questions based on (Emergency Provisions topic of the Indian Polity syllabus. All questions have been created as per the latest UPSC Prelims pattern. Questions are accompanied by the correct answer and an attached explanation for better understanding. Aspirants can solve these topic-wise important questions to test their preparation level.
UPSC Indian Polity: Topic 4 - Emergency Provisions
The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively. The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution.
Important Questions on Emergency Provisions
Ques 1: Consider the following Statements:
- ”Proclamation of emergency” is only mentioned but not explicitly defined in the Constitution.
- A proclamation declaring a financial emergency has to be approved by both the houses of the Parliament within one month from the date of issue.
- A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority.
Which of the given statements are correct about different kinds of Emergency provisions in the Indian Constitution?
a) 1 and 2 only
b) 2 only
c) 3 only
d) 2 and 3 only
Ans: d
| Explanation: Article 366 contains the definitions of various terms used in different provisions of the constitution, including the Proclamation of Emergency. A proclamation declaring a financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting. |
Ques 2: Consider the following Statements:
- The Proclamation of national emergency is applicable to the entire country and not to any particular part of it.
- The President can proclaim a National Emergency only after receiving a written recommendation from the cabinet.
Which of the given statement/s are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Ans: b
| Explanation: The 42nd Amendment Act of 1976 enabled the President to limit the operation of National emergency to a specific part of India. |
Ques 3: Which of the following Amendment Acts made provision of judicial review against the presidential proclamation imposing President’s Rule under Article 356?
a) 38th Amendment Act
b) 42nd Amendment Act
c) 44th Amendment Act
d) 46th Amendment Act
Ans: 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. |
Ques 4: To date how many times the Financial Emergency has been proclaimed in India?
a) One
b) Two
c) Three
d) Never
Ans: d
| Explanation: Financial Emergency has not been imposed in India even once. Although the economic situation during the COVID-19 pandemic has posed economic threat, a financial emergency has not been imposed yet. |
Ques 5: Which of the following is not correctly matched?
a) Article 352 - Proclamation of Emergency
b) Article 356 - Constitutional Emergency
c) Article 360 - Financial Emergency
d) Article 358 - Suspension of all Funadmental Rights
Ans: d
| Explanation: Article 358 of the Indian Constitution deals with the suspension of provisions of Article 19 during emergencies. |
Ques 6: Emergency Provisions in the Indian Constitution are derived from the Constitution of …….
(a) Germany
(b) Russia
(c) Canada
(d) Britain
Ans: a
| Explanation: Emergency provisions in the Indian constitution are taken from the constitution of Germany. The Constitution of India envisages three types of emergencies. |
Ques 7:Consider the following provisions related to Financial Emergency in India
- The resolution approving the declaration of financial emergency should be passed by a special majority by either House of Parliament.
- There is no maximum period prescribed for its operation.
- Repeated Parliamentary approval is not required for its continuation.
Which of the given statements in not correct?
(a) 1 only
(b) 2 only
(c) 2 and 3 only
(d) 1 and 3 only
Ans: a
| Explanation: A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting. |
Ques 8: In which of the following amendment of the Indian Constitution introduced a new provision to put a restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year?
a) 38th Amendment Act
b) 42nd Amendment Act
c) 44th Amendment Act
d) 68th Amendment Act
| Explanation: The 44th Amendment Act of 1978 introduced a new provision to put a 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. |
Ques 9: Which part of the Indian Constitution deals with emergency provisions?
(a) XVIII
(b) XVI
(c) XVII
(d) XV
Ans: a
| Explanation: Part XVIII of the Indian Constitution contains emergency provisions from Articles 352 to 360. |
Ques 10: Which of the following is true with respect to Article 358 of the Indian Constitution?
- a) The six fundamental rights under Article 19 are suspended only when the National Emergency is declared on the grounds of war or armed rebellion.
- b) When a proclamation of national emergency is made, the six fundamental rights under Article 19 are automatically suspended.
- c) When the National Emergency ceases to operate, President has to issue an order for restoring the suspended fundamental rights under Article 19
- d) Remedy for anything done during the Emergency lies in the case of Article 358, unlike in the case of Article 359 where there will not be any remedy.
Ans: b
| Explanation: The six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion. According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required. When the National Emergency ceases to operate, Article 19 automatically revives and comes into force. Any law made during Emergency, to the extent of inconsistency with Article 19, ceases to have an effect. No remedy lies for anything done during the Emergency even after the Emergency expires. This means that the legislative and executive actions were taken during the emergency cannot be challenged even after the Emergency ceases to operate. |
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