Polity: EMERGENCY PROVISIONS in Indian Constitution

Polity: EMERGENCY PROVISIONS IN INDIAN CONSTITUTION

• Emergency Provisions were borrowed from the Constitution of – Germany
• Emergency Provisions under Indian Constitution describes the nature of Indian Polity as – Unitary
• Article 352 of the Constitution of India contains provisions related to - General Emergency
• Which Article under the Constitution authorizes the President to proclaim an emergency – 352
• Emergency Provisions are enshrined under - XVIII Part of the Constitution
• According to the Article 355, it is the duty of the Union to protect States against - External Aggression, Constitutional Breakdown, Internal Disturbance
• The Indian Constitution is designed to work as a Unitary Government during the time of – Emergency
• When the National Emergency is declared, the following Article is suspended – 14
• While Proclamation of Emergency is in operation, the President cannot suspend certain Fundamental Rights. They are - 20 and 21
• The final authority to make a Proclamation of Emergency rests with – President
• Who is empowered to declare an Emergency – President
• President can proclaim an Emergency with the recommendation of the - Union Cabinet
• President can proclaim emergency on the recommendation of the Union Cabinet. Such recommendation shall be - Written recommendation
• How many types of emergencies are envisaged by the Constitution – 3
• Breakdown of Constitutional Machinery in a State is popularly known as - President’s Rule
• President’s Rule can be imposed on the States - on failure of the constitutional machinery in a State
• President’s Rule at the Centre is possible - during National Emergency
• The President can declare National Emergency - On the recommendation of the Council of Ministers
• Proclamation of National Emergency ceases to operate unless approved by - the Parliament
• Once the National Emergency is proclaimed, it should be approved by - the Parliament
• Proclamation issued under Article 352 shall be laid before the Parliament within - one month
• Proclamation issued has been approved by the Parliament will be in force for a period of - 6 months
• When the Proclamation of Emergency is in operation, Parliament has power to make laws for the whole or any part of the territory of India under - List II
• When the Proclamation of Emergency is in operation, the Parliament has special powers to legislate under - State List
• The President can declare National Emergency - Due to threat arising on account of foreign attack or armed rebellion
• President can proclaim an emergency on the ground of - External Aggression, War , Armed Rebellion
• How many times has a National Emergency been declared so far by the President – Thrice
• The President can declare Constitutional Emergency in a State - If he is satisfied that a situation has arisen in which the State Government cannot be carried out on in accordance with the Constitution
• Which type of emergency has been declared the maximum number of times - Constitutional Emergency
• Which one of the following types of emergency has not yet declared, till now - Financial Emergency
• A National Emergency can remain in operation with the approval of Parliament for a - Indefinite period
• This is not a ground to declare National Emergency - serious internal disturbance
• To declare National Emergency, a decision must be taken by the – Cabinet
• Financial Emergency can be proclaimed under the Article – 360
• Who is empowered to proclaim the Financial Emergency – President
• Financial Emergency can be proclaimed on the ground of - Any part of the Indian Territory is threatened, Financial stability, Credit of India
• The President can declare Financial Emergency - If there is a threat to the financial stability or credit of India
• During a Financial Emergency, the President: - (i) Order the reduction of salaries of Supreme Court and High Court Judges, (ii) Order the reduction of salaries and allowances of all Central and State Civil Servants, (iii) Ask all States to reserve all the Money or Financial Bills passed by the State Legislature for his consideration
• When the Financial Emergency is under operation, the Union is empowered to - Reduce the salaries of its employees
• The three types of Proclamation of Emergency made by the President have to be placed before each House of Parliament for its approval within - One month in case of National Emergency and within two months due to breakdown of constitutional machinery and Financial Emergency
• Which one of the following emergencies can be declared by the President only on the receipt in writing of the decision of the Union Cabinet - Emergency due to war, external aggression or armed rebellion
• When a Financial Emergency is proclaimed - Salaries and allowances of any class of employees may be reduced
• If State fails to comply with the directives of the Central Government, the President can - declare breakdown of the constitutional machinery in the State and assume responsibility for its governance
• This is not a ground to declare State Emergency - No clear majority
• When a State Emergency is declared, all or any of the functions of the State Government are assumed by the – President
• President made a Proclamation of Emergency on grounds of internal disturbances for first time in – 1975
• When the State Emergency is in operation, the President can’t interfere in the matters of - State Judiciary
• Who has the duty to protect States against external aggression and internal disturbance - Union Government
• For first time, the President make a Proclamation of Emergency under the Article 352 in - 1962