Emergency Provisions

Emergency Provisions is part of Indian Polity and Governance. Below are notes on 14 sub-topics, followed by practice MCQs from State PSC and UPSC papers.

Duration, Extension, and Revocation of Emergency

• National Emergency (Article 352):
• Initial Approval: Proclamation must be approved by both Houses of Parliament within 1 month by special majority (44th Amendment).
• Duration Post-Approval: If approved, continues for 6 months.
• Extension: Can be extended for an indefinite period, 6 months at a time, with repeated parliamentary approval (special majority).
• Revocation: President can revoke at any time. Lok Sabha can also pass a resolution (simple majority) disapproving its continuation, compelling President to revoke (44th Amendment).
• Lok Sabha Term Extension: Parliament can extend Lok Sabha's term by 1 year at a time. This extended term cannot continue beyond 6 months after the emergency ceases to operate.
• Laws on State List: Laws made by Parliament on State List subjects during National Emergency cease to operate 6 months after the emergency is revoked.
• President's Rule (Article 356):
• Initial Approval: Proclamation must be approved by both Houses of Parliament within 2 months by simple majority.
• Duration Post-Approval: If approved, continues for 6 months.
• Extension: Can be extended for 6 months at a time, with repeated parliamentary approval (simple majority).
• Maximum Duration: Can be imposed for a maximum period of 3 years.
• Extension beyond 1 year: Possible only if: (1) National Emergency is in operation in whole/part of the state; AND (2) Election Commission certifies that general elections cannot be held due to difficulties.
• Revocation: President can revoke at any time.
• Financial Emergency (Article 360):
• Initial Approval: Proclamation must be approved by both Houses of Parliament within 2 months by simple majority.
• Duration Post-Approval: Once approved, continues indefinitely until revoked by the President (no maximum period prescribed for its operation).
• Revocation: President can revoke at any time. No parliamentary approval is required for revocation.

Effects of Financial Emergency on Financial Autonomy of States

• President can declare Financial Emergency (Article 360) for whole/part of India. Governor has no such power.
• Union Executive's power extends to giving directions to States on financial matters.
• President can direct States to reserve Money Bills and other Financial Bills, after being passed by the State Legislature, for his consideration.
• President can direct States to reduce salaries and allowances of all or any class of persons serving in connection with the affairs of the State.
• President can issue directions for reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union, including Judges of the Supreme Court and High Courts.

Effects of National Emergency on Centre-State Relations (Legislative, Executive, Financial)

• Legislative Relations: Parliament acquires concurrent power to legislate on any item of the State List (Art 250).
• State Legislature is NOT suspended; it continues to make laws, but these are subordinate to Parliamentary laws.
• Laws made by Parliament on State List during emergency become inoperative 6 months after the emergency ceases.
• Executive Relations: Centre becomes entitled to give executive directions to states on any matter (Art 353). States are bound to comply with these directions.
• Financial Relations: President can modify the constitutional distribution of revenues between the Centre and states by order (Art 354). Such an order must be laid before Parliament.
• The President's ordinance-making power extends to State List subjects during an emergency when Parliament is not in session.
• Reduction of salaries of state employees, including High Court judges, is an effect of Financial Emergency (Art 360), not National Emergency (Art 352).
• Fundamental Rights guaranteed by Articles 20 and 21 cannot be suspended during a National Emergency.

Effects of National Emergency on Fundamental Rights (Articles 358 and 359)

• Article 358: Automatic Suspension of Article 19
• Automatically suspends the six rights guaranteed under Article 19.
• Applies ONLY when National Emergency is declared on grounds of war or external aggression.
• Does NOT apply when National Emergency is declared solely on grounds of armed rebellion (44th Amendment Act, 1978).
• Any law made or executive action taken during this period, inconsistent with Article 19, cannot be challenged in court.
• Article 19 revives automatically once the emergency ceases.
• Article 359: Suspension of Enforcement of other Fundamental Rights
• Authorizes the President to suspend the right to move any court for the enforcement of Fundamental Rights (FRs).
• Requires a Presidential Order, which must specify the FRs whose enforcement is suspended.
• The Presidential Order must be laid before each House of Parliament for approval.
• Crucially, the enforcement of Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty) CANNOT be suspended, even by a Presidential Order (44th Amendment Act, 1978).
• Under Article 359, the rights themselves are not suspended, only their judicial enforcement (the right to move a court) is suspended.
• Such an order may extend to the whole or any part of India.
• Laws made or executive actions taken during this period, inconsistent with the suspended FRs, cannot be challenged.
• The suspension of enforcement ceases to operate with the end of the emergency or earlier by a Presidential order.
• General Points:
• The concept of suspension of Fundamental Rights during an Emergency is borrowed from the Weimar Constitution of Germany.
• Only a National Emergency (Article 352) impacts Fundamental Rights. State Emergency (Article 356) and Financial Emergency (Article 360) do not directly affect FRs.
• When a Presidential Order under Article 359 is in effect, the right to move the Supreme Court/High Courts for enforcement of specified FRs (excluding Articles 20 & 21) is suspended. This includes the right to constitutional remedies under Article 32 for the specified suspended rights.

Effects of President's Rule on State Legislature and Executive

• President's Rule (Article 356) empowers the President to take over state government functions if constitutional machinery fails.
• Executive:
• State Council of Ministers (CoM) headed by the Chief Minister is dismissed. This is a necessary consequence.
• President assumes all functions of the state government and powers vested in the Governor or any other executive authority.
• Governor, on behalf of the President, carries on state administration with the help of chief secretary or advisors.
• Legislature:
• President declares that powers of the state legislature shall be exercisable by or under the authority of Parliament.
• State Legislative Assembly (SLA) may be suspended or dissolved. Dissolution is NOT an automatic or necessary consequence. It can remain in suspended animation.
• Parliament becomes empowered to make laws for the state concerning any matter on the State List.
• Parliament can delegate the power to make laws for the state to the President or any other authority.
• State's budget is approved by the Parliament, not the Governor.
• When Parliament is not in session, the President can authorize expenditures from the Consolidated Fund of the State, pending Parliament's approval.
• Other Effects:
• Fundamental Rights (e.g., Article 19) are NOT suspended during President's Rule.
• State High Court continues to function independently.
• Local bodies (Panchayats, Municipalities) are NOT dissolved. This is NOT a necessary consequence.

Grounds for Proclamation of National Emergency: War, External Aggression, Armed Rebellion

• National Emergency (Article 352) can be proclaimed by the President on grounds of War, External Aggression, or Armed Rebellion.
• Originally, the ground for National Emergency was "internal disturbance" instead of "armed rebellion."
• The 44th Amendment Act of 1978 replaced "internal disturbance" with "armed rebellion" as a ground for National Emergency under Article 352.
• Therefore, "internal disturbance" is no longer a valid ground for the proclamation of National Emergency under Article 352.
• The first National Emergency was declared in 1962 due to Chinese aggression (War/ External Aggression).
• The second National Emergency was declared in 1971 due to the Indo-Pak war (War/ External Aggression).
• The third National Emergency was declared on June 25, 1975, on the ground of "internal disturbance" (before the 44th Amendment). This was the only time emergency was proclaimed on this specific ground.
• Fundamental freedoms under Article 19 are suspended only when the National Emergency is proclaimed on grounds of War or External Aggression, not Armed Rebellion.
• Article 355 states it is the duty of the Union to protect every state against external aggression and internal disturbance. This is distinct from the grounds for Proclamation of National Emergency under Article 352.

Grounds for Proclamation of President's Rule: Failure of Constitutional Machinery in States

• Article 356, known as President's Rule, State Emergency, or Constitutional Emergency, deals with the failure of constitutional machinery in states.
• Grounds for proclamation under Article 356: President is satisfied that a situation has arisen where the government of a State cannot be carried on in accordance with the provisions of the Constitution. This can be based on the Governor's report or otherwise.
• Grounds for proclamation under Article 365: Failure of any State to comply with or give effect to any directions given by the Union.
• Dr. B. R. Ambedkar defended Article 356 in the Constituent Assembly, stating it would remain a 'dead letter' and be used only as a 'matter of last resort.'
• Article 356 is considered one of the most controversial provisions of the Constitution due to its frequent imposition and perceived misuse.

Judicial Review of Emergency Proclamations (Prominent cases like S.R. Bommai)

• S.R. Bommai v. Union of India (1994) is a landmark case relating to the judicial review of President's Rule (Article 356).
• A nine-judge bench of the Supreme Court delivered the S.R. Bommai judgment.
• The Supreme Court adjudged that a proclamation of President's Rule under Article 356 is subject to judicial review.
• Judicial review of the proclamation under Article 356 can be done on grounds such as mala fide intent, extraneous or irrelevant considerations, arbitrariness, or unreasonableness.
• The Court can examine the material on which the President's satisfaction was based for imposing Article 356.
• The State Legislative Assembly cannot be dissolved by the President until both Houses of Parliament have approved the proclamation.
• If the proclamation is held unconstitutional, the dismissed state government can be reinstated, and the dissolved assembly revived.
• The Central Government cannot make irreversible changes in a state during President's Rule until parliamentary approval, and such decisions are subject to judicial oversight.
• The S.R. Bommai judgment significantly curtailed the arbitrary misuse of Article 356.

Key Constitutional Amendments related to Emergency Provisions (e.g., 44th Amendment Act)

• Emergency Provisions (Part XVIII, Articles 352-360) are borrowed from the Weimar Constitution of Germany.
• 42nd Constitutional Amendment Act, 1976:
• Passed during the 1975-77 National Emergency.
• Extended the normal tenure of Lok Sabha and State Legislative Assemblies from 5 to 6 years.
• Made President's satisfaction in declaring an emergency non-justiciable.
• Extended the maximum period of President's Rule (under a single parliamentary approval) from 6 months to 1 year.
• 44th Constitutional Amendment Act, 1978:
• Reversed many provisions of the 42nd CAA to prevent misuse of emergency powers.
• National Emergency (Article 352):
• Replaced the ground "internal disturbance" with "armed rebellion".
• President can proclaim emergency only on the written recommendation of the Union Cabinet.
• Requires parliamentary approval by special majority within one month.
• President must revoke the proclamation if the Lok Sabha passes a resolution disapproving its continuance (simple majority).
• Suspension of Fundamental Rights:
• Article 19 rights suspended only when National Emergency is declared on grounds of 'war' or 'external aggression', not 'armed rebellion'.
• Articles 20 and 21 cannot be suspended under any circumstances.
• President's Rule (Article 356):
• Restored the normal tenure of Lok Sabha and State Legislative Assemblies from 6 years back to 5 years.
• Restored the maximum period for which President's Rule could be approved by Parliament at a time from 1 year back to 6 months.
• Maximum overall duration for President's Rule remains 3 years, with conditions for extension beyond one year: (a) National Emergency in force, and (b) Election Commission certifies that elections cannot be held.
• During a National Emergency, the federal distribution of powers is practically suspended, concentrating powers in the Union government.
• President's Rule Specifics:
• Chhattisgarh and Telangana have not been under President's Rule till September 2021.
• Gujarat has been under President's Rule 5 times since 1960.

Procedure for Proclamation and Parliamentary Approval (for all types)

• National Emergency (Article 352):
• Proclamation: Issued by President only upon written recommendation from the Union Cabinet (44th Amdt. 1978). Grounds: War, External Aggression, or Armed Rebellion.
• Parliamentary Approval:
• Must be approved by both Houses of Parliament within one month from its issue (44th Amdt. changed from two months).
• Requires a Special Majority in each House (majority of total membership + 2/3rd members present and voting).
• If Lok Sabha dissolved within this period: Rajya Sabha approves within one month, then new Lok Sabha must approve within 30 days of its first sitting.
• Duration: Initially valid for six months, can be extended indefinitely for six months at a time with repeat parliamentary approvals (Special Majority).
• Revocation:
• President can revoke at any time by subsequent proclamation (no parliamentary approval needed).
• Lok Sabha can pass a resolution disapproving its continuance by a simple majority (1/10th of LS total members can request a special sitting for this if not in session, within 14 days).
• President's Rule (State Emergency, Article 356):
• Proclamation: Issued by President, on report of Governor or otherwise, when state government cannot be carried on in accordance with the Constitution.
• Parliamentary Approval:
• Must be approved by both Houses of Parliament within two months from its issue.
• Requires a Simple Majority in each House.
• If Lok Sabha dissolved within this period: Rajya Sabha approves within two months, then new Lok Sabha must approve within 30 days of its first sitting.
• Duration: Initially valid for six months, can be extended for six months at a time, up to a maximum of three years, with repeat parliamentary approvals (Simple Majority). Extension beyond one year requires specific conditions (National Emergency in operation or EC certifies elections impossible).
• Revocation: President can revoke at any time by subsequent proclamation (no parliamentary approval needed).
• Financial Emergency (Article 360):
• Proclamation: Issued by President if satisfied that the financial stability or credit of India is threatened.
• Parliamentary Approval:
• Must be approved by both Houses of Parliament within two months from its issue.
• Requires a Simple Majority in each House.
• If Lok Sabha dissolved within this period: Rajya Sabha approves within two months, then new Lok Sabha must approve within 30 days of its first sitting.
• Duration: Once approved, continues indefinitely until revoked. No maximum period prescribed.
• Revocation: President can revoke at any time by subsequent proclamation (no parliamentary approval needed).

Role of the President, Council of Ministers, and Parliament during Emergency

• The President of India is empowered to declare an emergency under the Indian Constitution.
• The final authority to make a proclamation of Emergency is the President.
• The 44th Constitutional Amendment Act, 1978, requires the President to declare National Emergency (Article 352) only upon the written recommendation or communication of the Union Cabinet.
• The Union Cabinet comprises the Prime Minister and other Cabinet Ministers.
• The President cannot declare emergency suo motu.
• Declaration of emergency is not based solely on the advice of the Prime Minister or the collective advice of the entire Council of Ministers, but specifically on the written advice from the Union Cabinet.

Types of Emergencies: Financial Emergency (Article 360)

• Financial Emergency is dealt with under Article 360 of the Constitution.
• President can declare Financial Emergency if satisfied that the financial stability or credit of India or any part of its territory is threatened.
• A proclamation of Financial Emergency must be approved by both Houses of Parliament within two months from its date of issue.
• Once approved by both Houses, it continues indefinitely until revoked by the President. There is no maximum period prescribed for its operation.
• Effects of Financial Emergency:
• Union can issue directions to States to observe canons of financial propriety.
• President can direct for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union, including Supreme Court and High Court judges.
• President can direct for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State.
• All money bills and other financial bills passed by the State Legislature may be reserved for the consideration of the President.
• The President cannot suspend provisions relating to the division of taxes between the Union and the States during a financial emergency.
• Financial Emergency has never been proclaimed in India till date.
• Article 356 deals with State Emergency (President's Rule), not Financial Emergency.

Types of Emergencies: National Emergency (Article 352)

• Part XVIII of the Indian Constitution deals with Emergency Provisions.
• Indian Constitution envisages three types of emergencies: National Emergency (Article 352), State Emergency/President's Rule (Article 356), and Financial Emergency (Article 360).
• The general scheme of Emergency provisions is influenced by the Government of India Act, 1935. The suspension of Fundamental Rights during an emergency is inspired by the Weimar Constitution of Germany.
• National Emergency:
• Declared under Article 352 of the Constitution.
• Grounds for declaration: War, External Aggression, or Armed Rebellion.
• Originally, one of the grounds was 'internal disturbance'; this was replaced by 'armed rebellion' by the 44th Amendment Act of 1978.
• Article 352 is specifically related to this 'general emergency'.
• The Constitution does not mention 'Health Emergency' or 'Emergency due to natural calamity' as forms of emergency.
• The definition of "Proclamation of Emergency" is provided in Article 366(18) of the Constitution.

Types of Emergencies: President's Rule (State Emergency/Failure of Constitutional Machinery) (Article 356)

Constitutional

Machinery) (Article 356)

• President's Rule is proclaimed under Article 356 of the Indian Constitution.
• It is also known as 'State Emergency', 'Constitutional Emergency', or 'Failure of Constitutional Machinery in a State'.
• Imposed when the President is satisfied that a situation has arisen where a State's government cannot function according to the Constitution (Art. 356). This can be based on the Governor's report or otherwise.
• Can also be imposed if a State fails to comply with, or give effect to, any directions given by the Union (Article 365).
• The Indian Constitution includes three types of emergencies: National Emergency (Art. 352), President's Rule (Art. 356), and Financial Emergency (Art. 360).
• Financial Emergency (Art. 360) has never been imposed in India.
• President's Rule was first imposed in PEPSU (Patiala and East Punjab States Union) in 1951.
• Manipur has experienced President's Rule the most number of times (10 times till 2019).
• Other states with frequent imposition till 2019: Uttar Pradesh (9 times), Bihar (8 times), Odisha (6 times).

32. The Finance Commission

Practice MCQs: Emergency Provisions

Duration, Extension, and Revocation of Emergency

1. While a proclamation of Emergency is in operation, the duration of the Lok Sabha can be extended by not exceeding

   Asked in: UPSC CAPF 2011

   1. three months
   2. nine months
   3. one year at a time
   4. two years at a time
   Show answer

   Answer: C. one year at a time

   The question relates to the power of Parliament to extend the term of the Lok Sabha during a National Emergency. This provision is specified in the Constitution.

2. During the Proclamation of Emergency the term of Lok Sabha may be extended at a time for a period not exceeding

   Asked in: WBCS Main Paper 5 2021

   1. 2 years
   2. 1 year
   3. 1.5 years
   4. depends on the discretion of the President of India.
   Show answer

   Answer: B. 1 year

   During a Proclamation of National Emergency (under Article 352), the term of the Lok Sabha can be extended by a law made by Parliament. Such an extension cannot exceed one year at a time.

3. If the announcement of the National Emergency has been approved by both Houses of Parliament, how long will it be effective?

   Asked in: WBCS Main Paper 5 2022

   1. 1 month
   2. 2 months
   3. 3 months
   4. 6 months
   Show answer

   Answer: D. 6 months

   According to Article 352(4), a proclamation of National Emergency approved by Parliament remains in force for six months from the date of its issue.

4. Mention the tenure of enforcement of laws made on state list by Parliament after emergency is revoked.

   Asked in: Headmaster (Secondary School) 2018

   1. Six months
   2. Six days
   3. Six weeks
   4. Thirty days
   Show answer

   Answer: A. Six months

   Article 250 empowers the Parliament to legislate on State List matters during an emergency. The laws made under this provision have a specific post- emergency validity period.

5. How long the proclamation of financial emergency may remain in operation without the approval by both the houses of Parliament?

   Asked in: Headmaster (Secondary School) 2018

   1. One month
   2. Two months
   3. Six months
   4. One year
   Show answer

   Answer: A. One month

   A proclamation of financial emergency, issued under Article 360 of the Constitution, must be approved by both Houses of Parliament. If it is issued when Parliament is not in session, it remains in operation for a maximum of one month without parliamentary approval. If approved by both houses, it can continue for six months.

6. A state can remain under President's Rule for a maximum period of

   Asked in: School Lecturer 2015

   1. Six months
   2. One year
   3. Two years
   4. Three years
   Show answer

   Answer: D. Three years

   President's Rule can be extended for a maximum of three years, with parliamentary approval every six months after the initial six months.

7. The maximum period of continuation of emergency under Article 356 of the Indian Constitution is

   Asked in: Civil Judge (Junior Division) Exam 2009

   1. 3 years
   2. 6 months
   3. 1 year
   4. 2 years
   Show answer

   Answer: A. 3 years

   Article 356 of the Indian Constitution deals with the imposition of President's Rule in a State. The emergency can initially last for six months. For continuation beyond six months, it requires parliamentary approval. The maximum period of continuation without a constitutional amendment is three years, with approvals every six months.

Effects of Financial Emergency on Financial Autonomy of States

8. Which of the following is/are the consequence(s) of invoking Article 360, declaration of a financial emergency? 1. The President may order the States to reduce the salaries and allowances of all or any class of employees serving in connection with the State affairs. 2. Money Bills or other financial bills passed by the State Legislature are not required to be reserved for the consideration of the President. 3. The President can issue directions for the reduction of salaries and allowances of all or any class of employees serving in connection with the affairs of the Union, including the Judges of the Supreme Court and the High Courts. 4. Money Bills or other financial bills are to be reserved for the consideration of the President after they are passed by the Legislature of the State. Select the correct answer using the codes given below.

   Asked in: BPSC Prelims Exam 69th

   1. Only 1, 3 and 4
   2. Only 2
   3. Only 1 and 2
   4. All of the above
   Show answer

   Answer: A. Only 1, 3 and 4

   - Financial Emergency is declared under Article

9. - It grants the Union government significant powers to control state finances. - Key consequences include reduction in salaries of government employees (both Union and State) and judges, and mandatory reservation of State financial bills for Presidential consideration. 10. Which one of the following statements about emergency provisions under the Constitution of India is not correct?

   Asked in: UPSC CDS 2 2017

   1. The powers of the Union Executive extend to giving directions to the States concerning the exercise of their powers.
   2. The Union Executive can issue a provision relating to reduction of salaries of employees of the State Governments.
   3. Governors have no emergency powers like the President of India.
   4. If the Governor of a State is satisfied that a situation has arisen whereby the financial stability or credit of the State is threatened, he may declare financial emergency in the State.
   Show answer

   Answer: D. If the Governor of a State is satisfied that a situation has arisen whereby the financial stability or credit of the State is threatened, he may declare financial emergency in the State.

   The power to declare a Financial Emergency (Article 360) is vested solely with the President of India, not with the Governor of a State.

Effects of National Emergency on Centre-State Relations (Legislative, Executive, Financial)

10. Which of the following statements is correct regarding effects of National Emergency?

    Asked in: GPSC Prelims CSP 1 2021

    1. During emergency the Centre becomes en‐ titled to give executive directions to state in any matters
    2. During emergency the President can issue or‐ dinances on state subjects even if Parliament is in session.
    3. During the national emergency, the President cannot modify the constitutional distribution of revenues between the Centre and states.
    4. All of the above
    Show answer

    Answer: A. During emergency the Centre becomes en‐ titled to give executive directions to state in any matters

    - National Emergency significantly alters the distribution of powers between the Centre and states. - The Centre's executive power can extend to directing states on any matter. - President's ordinance making power is conditional on Parliament not being in session. - Financial relations can be altered during National Emergency.

11. Which one of the following extraordinary powers does the Indian Constitution provide to the Centre to deal with an emergency arising out of war, external aggression, or armed rebellion?

    Asked in: MPSC CS Prelims 2013

    1. Centre can modify the provisions relating to the distribution of revenue between the Centre and the states.
    2. Centre can give directions to any state as to the manner in which its executive powers are to be exercised.
    3. Parliament can make laws with respect to any matter enumerated in the State List.
    4. Centre can order the reduction of salaries of state employees, including the judges of High Court.
    Show answer

    Answer: A. Centre can modify the provisions relating to the distribution of revenue between the Centre and the states.

    During a National Emergency under Article 352, the federal system can become virtually unitary. Key extraordinary powers include central control over state executive actions, Parliament's power to legislate on state subjects, and the ability to modify the distribution of financial resources between the Centre and states.

12. Which of the following statements about National Emergency is/are correct? 1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external aggression or armed rebellion. 2. The Government of India acquires power to give directions to a State on any matter. 3. The Proclamation of Emergency does not suspend the State legislature. 4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of Parliament.

    Asked in: UPSC CAPF 2023

    1. 1 only
    2. 1 and 2 only
    3. 1, 2 and 3 only
    4. 2, 3 and 4 only
    Show answer

    Answer: C. 1, 2 and 3 only

    - Statement 1 is correct: Article 352 of the Constitution provides for a National Emergency when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion (originally 'internal disturbance', changed by the 44th Amendment Act). - Statement 2 is correct: During a National Emergency, the executive power of the Union extends to giving directions to any State as to the manner in which its executive power is to be exercised (Article 353(a)). - Statement 3 is correct: A proclamation of National Emergency does not suspend the State Legislature. State Legislatures continue to function normally, although Parliament acquires concurrent power to make laws on subjects in the State List (Article 250). - Statement 4 is incorrect: While parliamentary approval makes the Proclamation continue for six months at a time (from the date of approval or subsequent approval), the initial Proclamation is valid for one month without parliamentary approval. The statement says it "can continue... only if approved", which is not entirely accurate for the initial month. More importantly, it can be extended repeatedly for periods of six months after initial approval, implying continuation beyond the first six months is possible with repeated approvals. The phrasing "maximum period of six months at a time only if approved" refers to the duration granted by each approval, but the statement might be interpreted in ways that make it less precise than 1, 2, and 3. Given that 1, 2, and 3 are clearly correct and form an option, it's most likely intended that 4 is not correct or less accurate in comparison.

13. Which of the following will be the correct consequences of declaration of National Emergency by the President ? A. The President can modify the constitutional distribution of finances between the Center and the States. B. The Center becomes entitled to give executive directions to a State on any matter. C. The President can suspend all the Fundamental Rights of the citizens.

    Asked in: APPSC Group II Mains paper 1 2025

    1. A and B only
    2. B and C only
    3. Only A
    4. A, B and C
    Show answer

    Answer: A. A and B only

    National Emergency has significant impacts on centre-state relations (executive, legislative, and financial) and Fundamental Rights, but the suspension of Fundamental Rights is not absolute, as Articles 20 and 21 remain protected.

14. Ques #: 80 Parliament can make a law on an item of state list during the period of emergency under the following Article:

    Asked in: Sr. Teacher GR II 2011

    1. Article 249
    2. Article 250
    3. Article 251
    4. Article 252
    Show answer

    Answer: B. Article 250

    During a Proclamation of Emergency, Parliament can make a law on any subject enumerated in the State List (List II of the Seventh Schedule). Article 250 of the Constitution states that while a Proclamation of Emergency is in operation, Parliament shall have the power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

Effects of National Emergency on Fundamental Rights (Articles 358 and 359)

15. During national emergency, the Prisident can suspend the judicial enforcement of the Fundamental Rights except the two Artioles which are

    Asked in: APSC CCE Prelims Exam 2013

    1. 15, 16
    2. 18, 19
    3. 20, 21
    4. 32, 33
    Show answer

    Answer: C. 20, 21

    Articles 20 and 21 are considered the most crucial Fundamental Rights and are immune from suspension during any type of emergency, ensuring protection against arbitrary conviction and deprivation of life and personal liberty.

16. When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except

    Asked in: UPSC CDS 1 2019

    1. Article 20 and Article 21
    2. Article 21 and Article 22
    3. Article 19 and Article 20
    4. Article 15 and Article 16
    Show answer

    Answer: A. Article 20 and Article 21

    According to Article 359 of the Constitution, the President can, by order, suspend the right to move any court for the enforcement of such Fundamental Rights as are mentioned in the order during a Proclamation of Emergency. However, the 44th Amendment Act, 1978, added a proviso to Article 359 stating that the operation of Article 20 (Protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended during a National Emergency.

17. The Fundamental Rights guaranteed in the Constitution of India can be suspended only by

    Asked in: UPSC CDS 2 2017

    1. a proclamation of National Emergency
    2. an Act passed by the Parliament
    3. an amendment to the Constitution of India
    4. the judicial decisions of the Supreme Court
    Show answer

    Answer: A. a proclamation of National Emergency

    Under the Constitution of India, the Fundamental Rights can be suspended during the operation of a National Emergency proclaimed under Article 352. Article 359 empowers the President to suspend the right to move any court for the enforcement of certain Fundamental Rights (except those guaranteed by Articles 20 and 21) during an emergency. This suspension is done through a Presidential Order, which is issued after the proclamation of emergency.

18. Which among the following Fundamental Rights is not suspended when an Emergency is declared ?

    Asked in: UPSC CDS 2 2023

    1. Protection in respect of conviction for offences
    2. Right to constitutional remedies
    3. Right to move freely throughout the territory of India
    4. Equality before law
    Show answer

    Answer: A. Protection in respect of conviction for offences

    - Article 358 deals with the suspension of rights conferred by Article 19. - Article 359 deals with the suspension of the enforcement of other Fundamental Rights. - The 44th Amendment Act, 1978, added the provision that Articles 20 and 21 cannot be suspended during any emergency.

19. The Right to Freedom under Article 19 of the Constitution of India may be suspended by the President of India ?

    Asked in: HPPSC HPAS Prelims 2013

    1. under Article 360
    2. under Article 356
    3. under Article 352
    4. at any time he so desires
    Show answer

    Answer: C. under Article 352

    Article 358 of the Constitution specifically states that the rights guaranteed by Article 19 are suspended during a National Emergency proclaimed under Article 352 on grounds of war or external aggression.

20. Under which article of the Constitution can the right to freedom given in Article 19 of the Constitution be suspended by the President of India?

    Asked in: HPPSC HPAS Prelims 2013

    1. Article 360
    2. Article 356
    3. Article 352
    4. At any time when he wishes
    Show answer

    Answer: C. Article 352

    Article 352 relates to the proclamation of a National Emergency. During such an emergency, Article 358 provides for the suspension of the rights guaranteed under Article 19, under specific conditions related to the grounds of the emergency.

21. Consider the following statements in respect of Fundamental Rights during times of Emergencies: During the times of emergencies : (i) The enforcement of all Fundamental Rights may be suspended. (ii) There is provision for moving to court for enforcement of Fundamental Rights. (iii) Right to Protection in respect of conviction for offences cannot be suspended. (iv) Right to Protection of Life and Personal Property cannot be suspended. Which of the above statement/s is / are correct ?

    Asked in: OPSC CS Prelims 2021

    1. (i) and (iii)
    2. (ii) and (iv)
    3. (i) and (iv)
    4. (iii) and (iv)
    Show answer

    Answer: D. (iii) and (iv)

    - Statement (i) is incorrect: The enforcement of all Fundamental Rights cannot be suspended during an emergency. Articles 20 (Protection in respect of conviction for offences) and 21 (Protection of life and personal liberty) are explicitly protected under Article 359(1) and cannot be suspended. - Statement (ii) is incorrect: While some Fundamental Rights may be suspended, Article 359 allows the President to suspend the right to move any court for the enforcement of the specified suspended rights. Thus, the provision for moving to court is not always available for all rights. - Statement (iii) is correct: The right conferred by Article 20 (Protection in respect of conviction for offences) cannot be suspended during a National Emergency. - Statement (iv) is correct: The right conferred by Article 21 (Protection of life and personal liberty) cannot be suspended during a National Emergency.

Effects of President's Rule on State Legislature and Executive

22. Which of the following are not necessarily the consequences of the proclamation of President's rule in a State? 1. Dissolution of the State Legislative Assembly 2. Removal of the Council of Ministers in the State 3. Dissolution of the local bodies

    Asked in: GPSC Prelims CSP 1 2018

    1. Only 1 and 2
    2. Only 1 and 3
    3. Only 2 and 3
    4. 1, 2 and 3
    Show answer

    Answer: B. Only 1 and 3

    - When President's Rule (under Article 356) is proclaimed in a State, the President takes over the functions of the State Government and declares that the powers of the State Legislature shall be exercised by or under the authority of Parliament. - Consequence 2: Removal of the Council of Ministers is a necessary consequence as the state government cannot function under President's Rule. - Consequence 1: Dissolution of the State Legislative Assembly is not necessarily a consequence. The President may only suspend the Assembly initially, and dissolution may happen later or not at all if the proclamation is revoked. - Consequence 3: Dissolution of local bodies (Panchayats and Municipalities) is not a consequence of President's Rule. Their functioning is governed by state laws and they continue to operate during President's Rule. - The question asks for consequences that are not necessarily true. These are the dissolution of the Legislative Assembly (it can be suspended) and the dissolution of local bodies.

23. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular state, then

    Asked in: GPSC Prelims CSP 1 2022 · UPSC IAS 2018

    1. The Assembly of the State is automatically dissolved.
    2. The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
    3. Article 19 is suspended in that State.
    4. None of the above
    Show answer

    Answer: B. The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

    Under President's Rule, the legislative powers of the state are exercised by or under the authority of Parliament.

24. Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? 1. Dissolution of the State Legislative Assembly 2. Removal of the Council of Ministers in the State 3. Dissolution of the local bodies Select the correct answer using the code given below:

    Asked in: UPSC IAS 2017

    1. 1 and 2 only
    2. 1 and 3 only
    3. 2 and 3 only
    4. 1, 2 and 3
    Show answer

    Answer: B. 1 and 3 only

    President's Rule under Article 356 is imposed when the constitutional machinery in a state fails. 1. Dissolution of the State Legislative Assembly: The President can either suspend or dissolve the State Legislative Assembly. Suspension keeps the Assembly inoperative but not terminated, while dissolution terminates it permanently. Since dissolution is one option and not mandatory (suspension is the other), it is not necessarily a consequence. 2. Removal of the Council of Ministers in the State: When President's Rule is imposed, the state government (headed by the Chief Minister and their Council of Ministers) is dismissed, and the executive powers of the state are exercised by the Central government through the Governor. This is a necessary consequence. 3. Dissolution of the local bodies: President's Rule impacts the State government and Legislature. Local bodies like Panchayats and Municipalities function under state laws enacted under Parts IX and IXA of the Constitution, but President's Rule at the state level does not automatically necessitate the dissolution of these constitutionally established local self-governments. This is not necessarily a consequence.

25. Which of the following statements about a State under the President's rule is/are correct? 1. The budget of a State under the President's rule is approved by the Governor of the State. 2. The procedure to pass the budget of a State under the President's rule is same as that of the budget of the Union Government. Select the correct answer using the code given below.

    Asked in: UPSC CBI DSP LDCE 2023

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: B. 2 only

    Under President's rule (Article 356), the legislative power of the State is exercised by or under the authority of Parliament (Article 357). This includes passing the State's budget.

26. Who becomes empowered to make laws when the President's rule is imposed in a State?

    Asked in: WBCS Main Paper 5 2023

    1. The Governor
    2. The President
    3. The Prime Minister
    4. The Parliament.
    Show answer

    Answer: D. The Parliament.

    Article 356(1)(a) allows the President to declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament. This means Parliament gets the power to make laws for the State. Parliament can also delegate this power to the President, who may then further delegate it to a specified authority (usually the Governor) to make laws on behalf of Parliament. However, the ultimate legislative authority is with Parliament.

27. If, President Rule under Article 356 is proposed in a State

    Asked in: FINANCE AND ACCOUNTS OFFICER(LDCE) 2017

    1. The Assembly of the State is automatically dissolved
    2. Art. 19 is suspended in that State
    3. Parliament assumes the power to legislate on the State List
    4. The President can make laws relating to that State
    Show answer

    Answer: C. Parliament assumes the power to legislate on the State List

    During President's Rule in a state, Parliament assumes the power to legislate on the State List.

28. Which of the following consequences are not compulsory in the event of proclamation of President Rule in a State? 1. Dissolution of state Legislative Assembly 2. Dismissal of state council of ministers 3. Dissolution of Local self bodies Select the correct answer from the codes given below :

    Asked in: moter vehicle inspector

    1. 1 and 2 only
    2. 1 and 3 only
    3. 2 and 3 only
    4. 1, 2 and 3
    Show answer

    Answer: D. 1, 2 and 3

    Article 356 of the Indian Constitution deals with the provisions in case of failure of constitutional machinery in States. While it grants wide powers to the President, the exercise of these powers, such as dissolving the legislature or dismissing the government, is discretionary and depends on the specific circumstances and the President's assessment.

Grounds for Proclamation of National Emergency: War, External Aggression, Armed Rebellion

29. When was the first National Emergency declared in India?

    Asked in: APSC CCE Prelims Exam 2014

    1. 1962
    2. 1965
    3. 1971
    4. 1975
    Show answer

    Answer: A. 1962

    The first National Emergency was declared in 1962 during the Indo-China War.

30. Under Article 352 of the Constitution of India, an emergency can be declared if security of any part of India is threatened by 1. war 2. external aggression 3. armed rebellion 4. internal disturbance Select the correct answer using the code given below.

    Asked in: UPSC CDS 2 2016

    1. 1, 2 and 3
    2. 2, 3 and 4
    3. 1, 3 and 4
    4. 1 and 2 only
    Show answer

    Answer: A. 1, 2 and 3

    Article 352 of the Constitution allows for the declaration of a National Emergency. The grounds for declaring a National Emergency are war, external aggression, or armed rebellion. The term 'internal disturbance' was originally present but was replaced by 'armed rebellion' by the 44th Amendment Act, 1978, after the experience of the 1975 emergency.

31. Which one of the following is not a circumstance for proclamation of Emergency by the President of India under Article 352 of the Constitution of India?

    Asked in: UPSC CDS 2 2021

    1. War
    2. External aggression
    3. Internal disturbance
    4. Armed rebellion
    Show answer

    Answer: C. Internal disturbance

    According to Article 352 of the Constitution of India, the President can proclaim a National Emergency if the security of India or any part of it is threatened by War, External Aggression, or Armed Rebellion. The term "internal disturbance" was initially a ground for proclaiming National Emergency, but it was replaced by "armed rebellion" by the 44th Amendment Act, 1978, after the misuse of the emergency provision in 1975 under the ground of "internal disturbance".

32. Under which of the following circumstances can an emergency be declared in India ? (1) External aggression (2) Armed rebellion (3) Internal unrest (4) Financial crisis Codes :

    Asked in: HPPSC HPAS Prelims 2010

    1. (1), (2) and (3)
    2. (1), (3) and (4)
    3. (2), (3) and (4)
    4. (1), (2) and (4)
    Show answer

    Answer: D. (1), (2) and (4)

    Article 352 provides for National Emergency on grounds of war, external aggression, or armed rebellion. Article 360 provides for Financial Emergency if the financial stability or credit of India is threatened. These correspond to points (1), (2), and (4).

33. An emergency under Article 352 of the Constitution of India can be declared only during:

    Asked in: UPSC NDA 2 2015

    1. War, external aggression or internal disturb‐ ance.
    2. War, external aggression or armed rebellion.
    3. Failure of Constitutional Machinery in the State.
    4. Financial instability in the country.
    Show answer

    Answer: B. War, external aggression or armed rebellion.

    Article 352 of the Constitution of India deals with the Proclamation of Emergency, also known as National Emergency. The original text of Article 352 provided for the declaration of emergency on grounds of 'war', 'external aggression', or 'internal disturbance'. However, the 44th Constitutional Amendment Act, 1978, replaced the term 'internal disturbance' with 'armed rebellion' to prevent the arbitrary use of this provision based on political unrest not amounting to armed revolt.

34. Which one of the following shall not be considered an adequate ground for the issue of a proclamation of national emergency ?

    Asked in: OPSC CS Prelims 2016

    1. War
    2. External aggression
    3. Armed rebellion
    4. Internal distrubance
    Show answer

    Answer: D. Internal distrubance

    The term "internal disturbance" was replaced by "armed rebellion" by the 44th Amendment Act, 1978, following concerns about the broad interpretation used during the 1975 emergency.

35. On which of the following dates the President of India, using his powers, declared by proclamation that a grave emergency existed where the security of India was threatened by internal disturbance ?

    Asked in: RPSC RAS Prelims 2018

    1. 26 October, 1962
    2. 3 December, 1971
    3. 25 June, 1975
    4. 26 June, 1975
    Show answer

    Answer: C. 25 June, 1975

    Three national emergencies have been declared in India under Article 352 of the Constitution. The first (1962) and second (1971) were based on external aggression. The third emergency, declared on 25 June 1975, was initially based on the ground of 'internal disturbance'.

Grounds for Proclamation of President's Rule: Failure of Constitutional Machinery in States

36. Which one of the following Articles was defended by Dr. B. R. Ambedkar on the plea that it would be used as 'a matter of last resort'?

    Asked in: UPSC CDS 1 2020

    1. Article 352
    2. Article 359
    3. Article 356
    4. Article 368
    Show answer

    Answer: C. Article 356

    Article 356 allows the President to assume functions of the state government if the constitutional machinery in that state breaks down. Ambedkar envisioned it as a safeguard to uphold the constitution, not as a tool for political intervention.

37. Consider the following statements: Statement-I: One of the most controversial Articles in the Constitution is Article 356. Statement-II: It is imposed when the Government of the State cannot be carried on in accordance with the provisions of the Constitution.

    Asked in: APPSC Group II Mains paper 1 2025

    1. Both Statement-I and Statement-II are true and Statement-II is the correct explanation of Statement-I
    2. Both Statement-I and Statement-II are true but Statement-II is not the correct explanation of Statement-I
    3. Statement-I is true but Statement-II is false
    4. Both Statement-I and Statement-II are false
    Show answer

    Answer: A. Both Statement-I and Statement-II are true and Statement-II is the correct explanation of Statement-I

    Statement-I correctly identifies Article 356 as one of the most controversial articles in the Constitution. This controversy stems primarily from its past use, often criticized as politically motivated. Statement-II accurately describes the condition under which Article 356 is invoked: when the President is satisfied that the government of a State cannot be carried on in accordance with the provisions of the Constitution.

Judicial Review of Emergency Proclamations (Prominent cases like S.R. Bommai)

38. The S. R. Bommai and Others vs Union of India case relates to which one of the following issues?

    Asked in: UPSC Geoscientist 2022

    1. Sexual harassment at workplace
    2. Proclamation of Emergency in States
    3. Issuing of Ordinances by the President of In‐ dia
    4. Power to amend the Constitution by the Parlia‐ ment
    Show answer

    Answer: B. Proclamation of Emergency in States

    The case laid down strict guidelines for the exercise of powers under Article 356, emphasizing that the power is not absolute and is subject to judicial review. The judgment stated that the majority of a government should be tested on the floor of the Assembly and not through the Governor's opinion or President's decision.

39. In which one of the following cases did the Supreme Court of India adjudge that the proclamation of the President's Rule under Article 356 of the Constitution of India is subject to judicial review ?

    Asked in: UPSC CISF AC EXE 2022

    1. A.K. Gopalan vs. State of Madras
    2. S.R. Bommai and Others vs. Union of India
    3. Madhav Rao vs. Union of India
    4. S.P. Gupta vs. Union of India
    Show answer

    Answer: B. S.R. Bommai and Others vs. Union of India

    - This judgement significantly restricted the arbitrary use of Article 356 by the central government. - It established that the reasons for imposing President's Rule must be justifiable and the President's decision is not beyond judicial scrutiny.

40. In which case did the Supreme Court deliver the landmark judgement dealing with imposition of President's Rule in the States ?

    Asked in: APPSC Group II Prelims 2016

    1. Golaknath
    2. Maneka Gandhi
    3. Minerva Mills
    4. S.R. Bommai
    Show answer

    Answer: D. S.R. Bommai

    The S.R. Bommai judgement (1994) critically examined the scope and limitations of Article 356, which provides for the imposition of President's Rule in states.

41. Judicial review of proclamation under Article 356 would lie on any one of the following grounds: A) The proclamation has been made upon the consideration which is extraneous or irrelevant. B) Exercise of the power under Article 356 is mala fide. C) A statutory order which lacks bona fide characteristics. D) All of the above

    Asked in: WBCS Main Paper 5 2019

    1. The proclamation has been made upon the consideration which is extraneous or irrelevant.
    2. Exercise of the power under Article 356 is mala fide.
    3. A statutory order which lacks bona fide char‐ acteristics.
    4. All of the above
    Show answer

    Answer: D. All of the above

    Judicial review of Article 356 proclamations ensures that the power is not exercised arbitrarily and that the President's satisfaction is based on relevant and reasonable material.

42. Which of the following articles was judicially reviewed by the nine Judges Bench of the Supreme Court?

    Asked in: Civil Judge 2018

    1. (a) Art. 352
    2. (b) Art. 356
    3. (c) Art. 358
    4. (d) Art. 360
    Show answer

    Answer: D. (d) Art. 360

    The nine Judges Bench of the Supreme Court judicially reviewed Article 360 of the Indian Constitution in the State of Rajasthan vs. Union of India (1977) case, which dealt with the President's power to declare a Financial Emergency. However, the landmark case most associated with a nine-judge bench reviewing constitutional provisions related to federalism and emergency powers is the S.R. Bommai vs. Union of India (1994) case, which extensively examined Articles 356 and 365. While Article 352 (National Emergency) and 358 (Suspension of fundamental rights during emergencies) are also crucial, the financial emergency under Article 360 is often cited in this context. Given the options, Article 360 is the most fitting answer for a significant judicial review by a nine-judge bench concerning an emergency provision.

43. The President's Rule is imposed under Article 356 of the Indian Constitution. What powers does the judiciary have when the President's Rule is imposed? (i) The proclamation of the President's Rule is not subject to judicial review. (ii) The proclamation of the President's Rule is subject to judicial review. (iii) The Supreme Court has ruled that the Central Government cannot make 'irreversible changes' in the State during the President's Rule. (iv) Decision taken by the Centre during the President's Rule can be subjected to judicial oversight. Choose the correct option from the codes given below.

    Asked in: GS Asst Architect PWD 02 2025

    1. Only (ii) is correct
    2. (ii) and (iv) are correct
    3. (i), (ii) and (iv) are correct
    4. (i), (ii) and (iii) are correct
    Show answer

    Answer: B. (ii) and (iv) are correct

    The landmark S.R. Bommai v. Union of India (1994) case established that the imposition of President's Rule under Article 356 is subject to judicial review. The Supreme Court can examine the material on the basis of which the President is satisfied. Moreover, any executive actions taken by the Union Government during President's Rule are also subject to judicial scrutiny to ensure they do not violate constitutional principles or fundamental rights.

Key Constitutional Amendments related to Emergency Provisions (e.g., 44th Amendment Act)

44. Which of the following statements are correct regarding President’s Rule? 1. The 42" Constitution Amendment Act, 1976 extended the initial duration of President’s Rule in a State from six months to one year. 2. Since 1960 till today State of Gujarat was under President’s Rule for five times. 3. Till September 2021, Chhattisgarh and Telangana have not been under President’s Rule at any point of time.

    Asked in: GPSC Prelims CSP 1 2022

    1. 1, 2 and 3
    2. 2 and 3 only
    3. 1 and 3 only
    4. 1 and 2 only
    Show answer

    Answer: A. 1, 2 and 3

    - Statement 1: The 42nd Constitution Amendment Act, 1976, increased the initial period of President's Rule in a state from six months to one year. This was later reversed to six months by the 44th Constitution Amendment Act, 1978. - Statement 2: The State of Gujarat was under President's Rule five times since 1960 (in 1971, 1974, 1976, 1980, and 1996). - Statement 3: As of September 2021, the states of Chhattisgarh (formed in 2000) and Telangana (formed in 2014) had not been placed under President's Rule at any point.

45. Consider the following statements: 1. According to the Article 356, Government could declare a state of emergency on grounds of external threat only. 2. Once a emergency is proclaimed the federal distribution of powers remains practically suspended and all the powers are concentrated in the hands of the union government. 3. The 42nd Amendment was also passed during the emergency. 4. Among the various changes made by 42nd Amendment, one was that the duration of the legislatures in the country was extended from 5 to 7 years. Which of the statements given above is correct?

    Asked in: HAS Prelims 2022

    1. 1 and 4 only
    2. 1 and 2 only
    3. 2 and 3 only
    4. 3 only
    Show answer

    Answer: C. 2 and 3 only

    - Article 356 deals with President's Rule in states, not National Emergency on external threat. - Emergency provisions lead to a significant centralisation of power. - The 42nd Amendment was enacted during the 1975-77 National Emergency. - The 42nd Amendment extended the term of legislatures from 5 to 6 years.

46. Which one of the following has not been provided by the 44th Constitutional Amendment Act of 1978 relating to National Emergency?

    Asked in: MPSC CS Prelims 2019

    1. A proclamation of National Emergency will not be issued by President unless there is a written recommendation of the Cabinet.
    2. The expression 'internal disturbances' has been replaced by 'armed rebellion'.
    3. The six fundamental rights under Article 19 can be suspended only when the National Emer‐ gency is declared on grounds of war or external aggression and not on grounds of armed rebel‐ lion.
    4. The President must issue a proclamation of revocation any time if any House of Parliament passes a resolution disapproving of the continu‐ ance of the proclamation.
    Show answer

    Answer: D. The President must issue a proclamation of revocation any time if any House of Parliament passes a resolution disapproving of the continu‐ ance of the proclamation.

    - The 44th Amendment Act of 1978 brought significant changes to the National Emergency provisions (Article 352) to prevent misuse, particularly in light of the 1975 emergency. - It mandated a written recommendation from the Union Cabinet to the President for issuing a proclamation of National Emergency (Statement A). - It replaced the vague term 'internal disturbance' with the more specific term 'armed rebellion' as a ground for declaring National Emergency (Statement B). - It clarified that Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on grounds of war or external aggression (Article 358), but not on grounds of armed rebellion (Statement C, facilitated by changes in Article 359). - The 44th Amendment also introduced provisions for parliamentary control over the emergency. It stipulated that if the Lok Sabha passes a resolution disapproving the continuance of the proclamation, the President shall revoke the proclamation (Article 352(7)).

47. When was the word ‘Armed Rebellion’ added to the Constitution to declare a National Emergency ?

    Asked in: MPSC CS Prelims 2021 · WBCS Main Paper 5 2022

    1. By 44th Constitution Amendment Act
    2. By 42nd Constitution Amendment Act
    3. By 40th Constitution Amendment Act
    4. By 38th Constitution Amendment Act
    Show answer

    Answer: A. By 44th Constitution Amendment Act

    Prior to the 44th Amendment Act, 1978, a National Emergency could be declared under Article 352 on the grounds of 'war, external aggression, or internal disturbance'. The 44th Amendment Act, passed after the experience of the 1975 emergency which was declared on the ground of 'internal disturbance', replaced 'internal disturbance' with 'armed rebellion' to make it harder for the executive to declare an emergency based on vague grounds.

48. From which country the emergency provisions of the Constitution of India has been borrowed ?

    Asked in: Management Officer (Rajya Sampati Vibhag) Exam 2023

    1. American Constitution
    2. Irish Constitution
    3. German Constitution
    4. Government of India Act
    Show answer

    Answer: C. German Constitution

    Germany's Weimar Constitution is the primary source for India's emergency provisions.

Procedure for Proclamation and Parliamentary Approval (for all types)

49. What is correct about external emergency as per Article 352 ? i. It is proclaimed by the President. ii. It should be approved by Parliament within two months. iii. It should be approved by Parliament within one month. iv. It should be approved by Parliament by simple majority. v. It should be approved by Parliament by 2/3 majority. vi. It can be revoked by simple majority of Parliament. vii. It can be revoked by 2/3 majority of Parliament. viii. It can be approved in joint session of Parliament.

    Asked in: CGPSC Prelims Exam 2017

    1. i ii iv viii
    2. i iii vi viii
    3. i iii v vi
    4. i iv vii viii
    Show answer

    Answer: C. i iii v vi

    - Proclamation by President on written advice of Cabinet. - Parliamentary approval needed within 1 month by special majority. - Continuation requires approval every 6 months. - Revocation by President anytime or by Lok Sabha resolution (simple majority).

50. Unless the proclamation of Financial emergency is approved by the houses of Parliament it ceases to operate at the expiration of

    Asked in: GPSC Prelims CSP 1 2017

    1. 6 months
    2. 1 year
    3. 3 months
    4. 2 months
    Show answer

    Answer: D. 2 months

    A proclamation of Financial Emergency needs parliamentary approval within two months to continue in operation.

51. Which of the following statements is correct?

    Asked in: KPSC KAS Prelims 2024

    1. Proclamation of National Emergency must be approved by both the Houses of Parliament with‐ in two months from the date of its issue.
    2. Proclamation of State Emergency must be ap‐ proved by both the Houses of Parliament within one month from the date of its issue.
    3. Proclamation of Financial Emergency must be approved by both the Houses of Parliament with‐ in two months from the date of its issue.
    4. The impeachment resolution of the President is passed by a majority of two-thirds of present members of both the Houses of Parliament.
    Show answer

    Answer: C. Proclamation of Financial Emergency must be approved by both the Houses of Parliament with‐ in two months from the date of its issue.

    National Emergency approval: 1 month. State Emergency & Financial Emergency approval: 2 months. President's impeachment: 2/3rd of total membership of each House.

52. Which of the following statements are correct in respect of ‘Special Sessions’ in Parliament? (1) The term Special Session of Parliament is defined in Art. 85 of Indian Constitution (2) Art. 352 (8)(b) of Indian Constitution speaks about Special Sitting of the House of Parliament (3) The proceedings of both the Houses of Parliament in special session would be limited (4) If proclamation of Emergency is issued when the Parliament is not in Session, 1/3 of Lok Sabha and 1/3 of Rajya Sabha Members can ask the President to convene a Special Session of Parliament

    Asked in: OPSC CS Prelims 2023

    1. 1 and 2
    2. 2 and 3
    3. 2 and 4
    4. 1 and 3
    Show answer

    Answer: B. 2 and 3

    While the Constitution uses terms like "sitting" in specific contexts (like disapproving Emergency), the term "Special Session" is not formally defined but is used to refer to sittings convened for specific, often limited, purposes. Article 352(8) includes provisions for a special sitting of Lok Sabha regarding Emergency.

53. Which of the following statements is/are correct ? The President of India can proclaim emergency 1. on the ground of war, aggression or armed rebellion. 2. only if the decision of the Union Council of Ministers is communicated to him in writing. 3. only if both houses of Parliament approve the proclamation after its promulgation. Select the correct answer using the code given below :

    Asked in: UPSC SO Steno 2017

    1. 1 only
    2. 1 and 2 only
    3. 1, 2 and 3
    4. 3 only
    Show answer

    Answer: B. 1 and 2 only

    A National Emergency can be proclaimed by the President based on specific grounds and only upon the written recommendation of the Union Cabinet. Parliamentary approval is required after the proclamation to keep it in force.

54. How soon imposition of National Emergency should be approved by the Parliament?

    Asked in: WBCS Main Paper 5 2022

    1. 1 month
    2. 2 months
    3. 3 months
    4. 6 months
    Show answer

    Answer: A. 1 month

    - The approval must be by a resolution passed by a special majority (not less than two-thirds of the members present and voting, and a majority of the total membership of the House). - If the Lok Sabha is dissolved during this period or before its approval, the proclamation survives until 30 days after the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has approved it in the meantime.

55. A resolution ratifying a Proclamation of Emergency requires to be passed A) by either House of Parliament. B) by Lok Sabha. C) by both Houses of Parliament in a joint sitting. D) by each House of Parliament in separate sittings with majority of total membership of each House and by majority of net less than 2/3rd of members present and voting.

    Asked in: WBCS Main Paper 5 2019

    1. by either House of Parliament.
    2. by Lok Sabha.
    3. by both Houses of Parliament in a joint sitting.
    4. by each House of Parliament in separate sit‐ tings with majority of total membership of each House and by majority of net less than 2/3rd of members present and voting.
    Show answer

    Answer: D. by each House of Parliament in separate sit‐ tings with majority of total membership of each House and by majority of net less than 2/3rd of members present and voting.

    This requirement for a special majority in both Houses is a safeguard against the easy imposition and continuation of a National Emergency, ensuring broad parliamentary consensus.

Role of the President, Council of Ministers, and Parliament during Emergency

56. Who amongst the following is empowered to declare emergency under the Indian Constitution ?

    Asked in: HPPSC HPAS Prelims 2010

    1. The Vice-President
    2. The President
    3. The Prime Minister
    4. The Home Minister
    Show answer

    Answer: B. The President

    Articles 352 (National Emergency), 356 (State Emergency/President's Rule), and 360 (Financial Emergency) of the Indian Constitution vest the power to declare these respective emergencies in the President.

57. The Constitutional Amendment relating to the declaration of emergency (1978) require the President of India to act in accordance with the :

    Asked in: OPSC CS Prelims 2016

    1. Collective advice of the entire Council of Min‐ isters
    2. Advice of the Union Cabinet
    3. Advice of the Attorney General of India
    4. Advice of the Supreme Court
    Show answer

    Answer: B. Advice of the Union Cabinet

    The 44th Amendment Act, 1978 aimed to prevent the misuse of emergency powers by making the written advice of the Union Cabinet mandatory for a proclamation of National Emergency.

58. Under whose advice can the President of India declare Emergency under Article 352 ?

    Asked in: MPPSC CS Prelims 2024

    1. Chief Ministers of all States
    2. Prime Minister
    3. Union Cabinet
    4. Council of Ministers
    Show answer

    Answer: C. Union Cabinet

    According to Article 352 of the Constitution, as amended by the 44th Amendment Act, 1978, the President can declare a National Emergency only upon the written recommendation of the Union Cabinet. This change was introduced to prevent the misuse of emergency powers based solely on the advice of the Prime Minister, as happened in 1975.

59. Under Article 352 of the Constitution, the President can declare national emergency

    Asked in: APPSC Panchayat secretary Prelims 2016

    1. Suo Motu
    2. On advice of the Chief Justice of the Supreme Court
    3. On written advice from the Cabinet
    4. On advice of the Home Minister of India
    Show answer

    Answer: C. On written advice from the Cabinet

    The decision to declare a national emergency requires the collective decision of the Union Cabinet, communicated in writing to the President.

60. The President can issue proclamation of emergency

    Asked in: WBCS Main Paper 5 2022

    1. on the advice of the Prime Minister
    2. on the advice of Council of Ministers
    3. on the request of the Vice-President
    4. when the decision of the Union Cabinet for the issuance of such proclamation is communicated to the President in writing
    Show answer

    Answer: D. when the decision of the Union Cabinet for the issuance of such proclamation is communicated to the President in writing

    Article 352(3) of the Constitution states that the President shall not issue a Proclamation of Emergency unless the decision of the Union Cabinet that such a Proclamation may be issued has been communicated to him in writing.

61. Who is the final authority to make a proclamation of Emergency?

    Asked in: Agricultural Development Officer, Agriculture Department

    1. The Prime Minister
    2. The President
    3. The Parliament
    4. The Vice President
    Show answer

    Answer: B. The President

    This question tests the understanding of the constitutional powers related to the proclamation of emergency in India.

62. The President of India can declare emergency

    Asked in: Paper I 6

    1. On the recommendation of the council of min‐ isters including Prime Minister
    2. On his own motion
    3. On the recommendation of the Prime Minister
    4. On the recommendation of the Parliament
    Show answer

    Answer: A. On the recommendation of the council of min‐ isters including Prime Minister

    The President's power to declare an emergency under Article 352 is not discretionary. It requires a formal recommendation from the Council of Ministers, headed by the Prime Minister.

Types of Emergencies: Financial Emergency (Article 360)

63. Financial emergency under Article 360 has been imposed in India in the year :

    Asked in: HPPSC HPAS Prelims 2018

    1. 1962
    2. 1965
    3. 1971
    4. None of the above
    Show answer

    Answer: D. None of the above

    Article 360 of the Constitution empowers the President to declare a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened.

64. Consider the following statements:

    Asked in: TSPSC Group 1 Prelims 2023

    1. Article 356 in the Constitution of India deals with the proclamation of financial emergency.
    2. During the proclamation of financial emergency, the President can suspend provision relating to the division of the taxes between the Union and the States. Which of the above statements is/are correct ? A. A only B. B only
    3. Both A and B
    4. Neither A nor B
    Show answer

    Answer: D. Neither A nor B

    Statement A is incorrect because Article 356 deals with the 'Provisions in case of failure of constitutional machinery in State' (President's Rule), not financial emergency. Financial emergency is proclaimed under Article 360. Statement B is also incorrect. While during a financial emergency the Union government can give directions regarding financial matters and reduction of salaries/allowances, Article 360 does not explicitly state that the President can suspend the provisions relating to the division of taxes between the Union and the States. The tax distribution framework laid out in the Constitution is not suspended, although the Union gains significant control over state finances through directions.

65. In India, on which one of the following grounds can the salaries and allowances of persons serving in connection with affairs of the State be reduced?

    Asked in: UPSC CISF AC EXE 2024

    1. Financial emergency
    2. Internal disturbance
    3. Failure of the constitutional machinery in a State
    4. Degradation of public morality
    Show answer

    Answer: A. Financial emergency

    Article 360 of the Indian Constitution deals with the proclamation of Financial Emergency.

66. Which one of the following Articles of the Constitution of India can be used by the President of India to declare financial emergency ?

    Asked in: UPSC Combined Section Officer 2024

    1. Article 32
    2. Article 349
    3. Article 360
    4. Article 365
    Show answer

    Answer: C. Article 360

    Article 360 of the Constitution of India empowers the President to declare a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened.

67. Under which Article of the Constitution of India Financial Emergency can be proclaimed?

    Asked in: WBCS Main Paper 5 2022

    1. Article 323
    2. Article 356
    3. Article 352
    4. Article 360
    Show answer

    Answer: D. Article 360

    PA High Court Mains The Constitution provides for three types of emergencies: National Emergency (Article 352), State Emergency (President's Rule under Article 356), and Financial Emergency (Article 360).

68. How many times have the Financial Emergency imposed in India?

    Asked in: WBCS Main Paper 5 2022

    1. Only once
    2. Twice
    3. Thrice
    4. Never
    Show answer

    Answer: D. Never

    As of today, a Financial Emergency has never been imposed in India under Article 360.

69. Who can declare financial emergency in India?

    Asked in: WBCS Main Paper 4 2019

    1. Governor of RBI
    2. Prime Minister
    3. President
    4. Finance Minister
    Show answer

    Answer: C. President

    Article 360 of the Constitution of India empowers the President to declare a financial emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened.

Types of Emergencies: National Emergency (Article 352)

70. Which one of the following is not mentioned as a form of Emergency in the Constitution of India ?

    Asked in: UPSC CDS 1 2022

    1. National Emergency
    2. State Emergency in terms of Proclamation of President's Rule in a State
    3. Financial Emergency
    4. Health Emergency
    Show answer

    Answer: D. Health Emergency

    The Indian Constitution provides for three types of emergencies: National Emergency (under Article 352), State Emergency or President's Rule (under Article 356), and Financial Emergency (under Article 360).

71. Which of the following is not a form of emergency recognised in our constitution ?

    Asked in: KPSC KAS Prelims 2014

    1. Emergency due to war, external aggression or armed rebellion.
    2. Emergency due to failure of constitutional machinery in the States.
    3. Emergency due to natural calamity.
    4. Financial emergency.
    Show answer

    Answer: C. Emergency due to natural calamity.

    Articles 352, 356, and 360 of the Constitution provide the framework for the three recognised types of emergencies in India, empowering the Union Government to take extraordinary measures in specific crisis situations.

72. Article 352 of the Constitution of India contains provisions related to

    Asked in: UPSC NDA 2 2018

    1. financial emergency
    2. failure of constitutional machinery in States
    3. suspension of the enforcement of rights con‐ ferred in Part III of the Constitution
    4. general emergency
    Show answer

    Answer: D. general emergency

    Article 352 of the Constitution of India deals with the Proclamation of Emergency, often referred to as 'National Emergency' or 'General Emergency', which can be declared on grounds of war, external aggression, or armed rebellion (originally internal disturbance).

73. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R). Assertion (A): Article 352 of the Indian Constitution deals with the declaration of an emergency. Reason (R): An emergency may take place at any time. Select the correct answer from the codes given below:

    Asked in: UPPCS Prelims 2024

    1. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
    2. (A) is false, but (R) is true.
    3. Both (A) and (R) are true and (R) is the correct explanation of (A).
    4. (A) is true, but (R) is false.
    Show answer

    Answer: A. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

    - Assertion (A): Article 352 provides for the declaration of a National Emergency in India based on grounds like war, external aggression, or armed rebellion. This statement is true. - Reason (R): Emergencies, by their nature, are unpredictable events that can happen at any time. This statement is also true. - However, Reason (R) offers a general observation about the nature of emergencies and does not serve as a constitutional or functional explanation for the existence or content of Article 352.

74. How many types of emergencies have been envisaged under the Indian Constitution ?

    Asked in: UPPSC Upper Mains 2009

    1. Two
    2. Three
    3. Four
    4. One
    Show answer

    Answer: B. Three

    The three types of emergencies are: 1. National Emergency (Article 352): Can be proclaimed by the President on the grounds of war, external aggression, or armed rebellion. 2. State Emergency (President's Rule) (Article 356): Can be imposed by the President if the constitutional machinery in a state breaks down. This is also referred to as constitutional emergency. 3. Financial Emergency (Article 360): Can be proclaimed by the President if the financial stability or credit of India is threatened.

75. How many types of emergencies have been invisaged under the Indian Constitution?

    Asked in: UPPSC Upper Mains 2014

    1. Two
    2. Four
    3. Three
    4. One
    Show answer

    Answer: C. Three

    The three types of emergencies are: National Emergency (under Article 352), State Emergency (President's Rule, under Article 356), and Financial Emergency (under Article 360).

76. The Provision of Declaration of National Emergency is mentioned in which of the following Article?

    Asked in: WBCS Main Paper 5 2021

    1. Article 352
    2. Article 356
    3. Article 360
    4. Article 365
    Show answer

    Answer: A. Article 352

    Article 352 empowers the President to declare a National Emergency if satisfied that a grave emergency exists whereby the security of India or of any part of its territory is threatened, whether by war, external aggression, or armed rebellion.

Types of Emergencies: President's Rule (State Emergency/Failure of Constitutional Machinery) (Article 356)

77. The President can proclaim emergency under

    Asked in: APSC CCE Prelims Exam 1998

    1. Article 353
    2. Article 355
    3. Article 365
    4. Article 356
    Show answer

    Answer: D. Article 356

    Emergency provisions in the Indian Constitution (Articles 352-360) empower the Union Executive to deal with extraordinary situations.

78. In which one of the following States has the President's Rule been imposed most number of times ?

    Asked in: UPSC CDS 2 2022

    1. Bihar
    2. Karnataka
    3. Manipur
    4. Punjab
    Show answer

    Answer: C. Manipur

    President's Rule is the suspension of state government and imposition of direct central government rule in a state, invoked in a situation where a state government is unable to function according to constitutional provisions. It is provided for under Article 356 of the Constitution.

79. Match List-I with List-II and choose the correct answer from the code given below: List-I List-II (No. of times President (State) Rule has been imposed till 2019) (a) Manipur (i) 8 (b) Uttar (ii) 10 Pradesh (c) Bihar (iii) 9 (d) Odisha (iv) 6 Code :

    Asked in: CGPSC Prelims Exam 2020

    1. (a)-(iii), (b)-(ii), (c)-(i), (d)-(iv)
    2. (a)-(ii), (b)-(iii), (c)-(i), (d)-(iv)
    3. (a)-(i), (b)-(ii), (c)-(iii), (d)-(iv)
    4. (a)-(iv), (b)-(ii), (c)-(iii), (d)-(i)
    Show answer

    Answer: B. (a)-(ii), (b)-(iii), (c)-(i), (d)-(iv)

    - Manipur: President's Rule was imposed 10 times. - Uttar Pradesh: President's Rule was imposed 9 times. - Bihar: President's Rule was imposed 8 times. - Odisha: President's Rule was imposed 6 times.

80. Which one of the following is the correct statement with regard to the Emergency Provisions of Indian Constitution?

    Asked in: HPPSC HPAS Prelims 2016

    1. The constitution mentions four types of emer‐ gency.
    2. Emergency provisions are described from Art‐ icles 340 to 356 in the Constitution.
    3. Financial emergency has never been imposed in India.
    4. Emergency under Article 356 can be imposed on the failure of Constitutional Machinery at the union level.
    Show answer

    Answer: C. Financial emergency has never been imposed in India.

    The Indian Constitution provides for three types of emergencies, and a Financial Emergency has never been declared to date.

81. Which one of the following Articles of the Constitution of India deals with the President's rule in a State?

    Asked in: UPSC Combined Section Officer 2019 20

    1. Article 352
    2. Article 356
    3. Article 360
    4. Article 370
    Show answer

    Answer: B. Article 356

    - Article 356 allows the President to impose state emergency if the President is satisfied, on receipt of a report from the Governor of the State or otherwise, that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.

82. Under which article of the Constitution the President can take over the administration of a State in his own hand?

    Asked in: WBPSC CS Prelims 2022

    1. Article 352
    2. Article 356
    3. Article 351
    4. Article 350
    Show answer

    Answer: B. Article 356

    Article 356 of the Constitution of India empowers the President to take over the administration of a State if he is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution. This is often referred to as President's Rule or State Emergency.

83. Under Article 356 of the Constitution of India, President's rule was imposed for the first time in

    Asked in: UPPSC Upper Mains 2010

    1. Uttar Pradesh
    2. Travancore-Cochin
    3. PEPSU
    4. Bihar
    Show answer

    Answer: C. PEPSU

    President's rule under Article 356 was imposed for the first time in the Patiala and East Punjab States Union (PEPSU) in 1953.