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Indian Polity MCQs – 15 (Emergency Provisions)

Emergency Provisions MCQs with answers and explanations for preparation of UPSC, BPSC, UPPSC and other State PSC Examinations

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1. Emergency provisions are contained in which among the following parts of the constitution ?

(a) Part XVIII

(b) Part XVII

(c) Part XVI

(d) Part XV

Correct Answer: (a) Part XVIII

  • The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.
  • These provisions have been added to the constitution to enable the Central government to meet any abnormal emergency situation and protect the sovereignty, unity, integrity and security of the nation.

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

(a) Two

(b) Three

(c) Four

(d) One

Correct Answer: (b) Three

  • There are three types of emergencies which have been envisaged under the Indian constitution. 
  • The President can declare the following three types of emergencies: 
    • National emergency (under Article 352) 
    • State emergency (under Article 356) 
    • Financial emergency (under Article 360)

3. National emergency under article 352 is proclaimed in case of ?

(a) Armed rebellion

(b) External aggression

(c) War

(d)  All the above

Correct Answer: (d)  All the above

  • National emergency under article 352 is proclaimed in case of:
    • War
    • External aggression
    • Armed rebellion
  • When a national emergency is declared on the ground of ‘War’ or ‘External aggression’, it is known as ‘External Emergency’. 
  • When a national emergency is declared on the ground of ‘Armed rebellion’, it is known as ‘Internal Emergency’.

4. The first proclamation of emergency under article 352 was made by the President in which among the following year ?

(a) 1975

(b) 1971

(c) 1965

(d) 1962

Correct Answer: (d) 1962

  • First emergency under article 352 (National emergency) was proclaimed in India in 1962 during the Indo-China War. 
  • Similar declarations under article 352 were made by the President in 1971 during the Indo-Pak War and in 1975 on the suggestion of then prime minister Indira Gandhi.

5. Emergency under article 356 is imposed by which one of the following ?

(a) Prime minister

(b) Governor

(c) Vice-president’

(d) President

Correct Answer: (d) President

  • Emergency under article 356 is popularly known as ‘President’s Rule’.
  • It is imposed by the president in any state due to the failure of the constitutional machinery in that state.

6. Financial emergency is imposed under article?

(a) Article 354

(b).Article 365

(c) Article 367

(d) Article 360

Correct Answer: (d) Article 360

  • Financial emergency under Article 360 is proclaimed in case of threat to the financial stability or credit of India.
  • Financial emergency has never been imposed.

7. Consider the following statement :

  1. No Proclamation of Emergency can be made by the President of India unless the       Union Ministers of Cabinet rank, headed by the Prime Minister, recommended to him, in writing, that such a Proclamation should be issued.
  2. The President of India must issue a Proclamation of Revocation of Emergency any time that the Lok Sabha passes a resolution disapproving the proclamation or its continuance.

Which of the statements given above is/are correct ?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Correct Answer: (c) Both 1 and 2

  • According to Article 352, the President shall not issue a Proclamation unless the decision of the Union Cabinet (the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation be issued has been communicated to him in writing. 
  • Every Proclamation issued under this article shall be laid before each House of Parliament.
  • The Proclamation shall cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament with special majority(two-thirds of the members of that
  • house present and voting).
  • If approved by both the houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.

8. The President of India can issue a proclamation of national emergency under article 352:

(a) On the advice of the Prime Minister

(b) On the advice of the Council of Ministers

(c) In his own discretion

(d) When the decision of the Union Cabinet to issue such proclamation has been communicated to him in writing

Correct Answer: (d) When the decision of the Union Cabinet to issue such proclamation has been communicated to him in writing

  • According to Article 352, the President shall not issue a Proclamation unless the decision of the Union Cabinet (the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation be issued has been communicated to him in writing. 
  • In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. 
  • Hence, 44th Amendment Act of 1978 introduced this safeguard to eliminate any future possibility of the prime minister alone taking a decision to impose emergency on his whims without consulting the cabinet.

9. Which among the following amendment acts made significant changes to the emergency provisions of the constitution ?

(a) 44th Amendment Act

(b) 1st Amendment Act

(c) 24th Amendment Act

(d) 42nd Amendment Act

Correct Answer: (a) 44th Amendment Act

  • 44th Amendment Act made the following changes in the emergency provisions of the constitution :
    • Enabled the president to limit the operation of a National emergency to a specific part of India.
    • Substituted the words ‘Armed rebellion’ for ‘Internal disturbance’.
    • Added the requirement of cabinet approval in writing for the proclamation of emergency
    • Deleted the provision which made the declaration of a National Emergency immune from judicial review(Which was added by 38th Amendment Act of 1975).
    • Reduce the time required to approve the emergency by Parliament from Two months to one month
    • Added a provision for a periodical parliamentary approval every six months for the continuation of emergency.
    • Changed the majority required to approve the proclamation of emergency from Simple Majority to Special Majority.
    • Added a provision that the President must revoke the emergency if the Lok Sabha passes a resolution disapproving its continuation.

10. Initially, for how long President rule can be imposed in a state ?

(a) 6 months

(b) 9 months

(c) 12 months

(d) 15 months

Correct Answer: (a) 6 months

  • The President’s Rule under article 356 can be proclaimed on two grounds :
    • If the president is satisfied on receipt of a report from the governor or otherwise that a situation has arisen in which the Government in a state cannot be carried in accordance with the provisions of the Constitution.
    • Whenever a state fails to comply with or to give effect to any direction from the Centre.
  • A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
  • If approved by both the Houses of Parliament, the President’s Rule continues for six months. 
  • The President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.

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