Shivam Singh

Q1. Consider the following statements regarding the Proclamation of Emergency under the Indian
Constitution:

1. The President of India can declare a National Emergency on the grounds of war, external aggression, or
armed rebellion.
2. A Proclamation of Emergency needs the written recommendation of the Cabinet to the President before it
can be declared.
3. Once declared, a National Emergency can remain in force indefinitely without parliamentary approval.
4. State governments are granted more power during a National Emergency to ensure law and order.

How many of the Statements given above are correct?

A. Only one
B. Only two
C. Only three
D. None

Correct Answer: C. Only three

Explanation: Statement 1 is correct: The President can declare a National Emergency on the grounds of
war, external aggression, or armed rebellion. Statement 2 is correct: A Proclamation of Emergency
requires the written recommendation of the Cabinet to the President, which was added by the 44th
Amendment Act of 1978 to prevent misuse. Statement 3 is incorrect: A National Emergency must be
approved by both Houses of Parliament within one month, and it can last for six months at a time, needing
parliamentary approval for any extension. Statement 4 is incorrect: During a National Emergency, the
power of the state governments is significantly reduced, and the central government gets the power to
legislate on subjects in the State List.

Q2. Consider the following statements about Emergency Provisions:

1. The President can declare a national emergency even before the actual occurrence of war or armed
rebellion or external aggression.
2. The 38th Amendment Act of 1975 made the declaration of National Emergency immune to judicial review.
But, this provision was subsequently deleted by the 42nd Amendment Act of 1978.
3. The proclamation of emergency must be approved by both the houses of parliament within two month
from the date of its issue.
4. According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights
under Article 19 are automatically suspended.
How many of the above-given statements are correct?

A. Only one
B. Only two
C. Only three
D. All four

Correct Answer: B. Only two

Explanation: Two of the statements about Emergency Provisions are correct.

1. Correct: The President can declare a national emergency based on a perceived threat, even before the
actual occurrence of war or armed rebellion or external aggression (Article 352)

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2. Incorrect: The 38th Amendment Act did make the Emergency proclamation immune to judicial review, but
it was the 44th Amendment Act of 1978 that deleted this provision, restoring judicial review.
3. Incorrect: The proclamation needs approval by both houses of Parliament within one month, not two
(Article 352)
4. Correct: According to Article 358, when a proclamation of National Emergency is made, the six
fundamental rights under article 19 are automatically suspended. Article 19 is automatically revived after
the expiry of the emergency. The 44th Amendment Act laid out that Article 19 can only be suspended when
the National Emergency is laid on the grounds of war or external aggression and not in the case of armed
rebellion.

Therefore, only statements 1 and 4 are correct.

Q3. Consider the following statements regarding National Emergency and State Emergency in India:
1. A National Emergency can be declared under Article 352 of the Indian Constitution.
2. A State Emergency, also known as President's Rule, can be declared under Article 356.
3. A National Emergency has been declared in India more times than State Emergency.
4. During a National Emergency, the term of the Lok Sabha can be extended beyond five years.
How many of the statements given above are correct?

A. Only one
B. Only two
C. Only three
D. All four
Correct Answer: D. All four
Explanation: Statements 1, 2, and 4 are correct. A National Emergency can indeed be declared under
Article 352 of the Indian Constitution due to war, external aggression, or armed rebellion. A State
Emergency, or President's Rule, is declared under Article 356 in a state if the President, upon receipt of a
report from the Governor of the state or otherwise, 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. A
National Emergency has been declared in India three times, which is not necessarily more times than State
Emergency has been declared, as State Emergency (President's Rule) has been invoked more frequently in
various states for different reasons. During a National Emergency, the term of the Lok Sabha can indeed
be extended beyond five years by a law of Parliament for any length of time not exceeding one year at a
time.

Q4. Consider the following statements regarding the effects of Emergency Provisions in India:
1. The President of India can declare three types of emergencies: National, State, and Financial.
2. During a National Emergency, the tenure of the Lok Sabha can be extended beyond its normal term of
five years.
3. The Fundamental Rights under Article 19 are automatically suspended when any type of Emergency is
declared.
How many of the statements given above are correct?
A. Only one
B. Only two
C. All three
D. None

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Correct Answer: B. Only two

Explanation: Statement 1 is correct: The Constitution of India provides for three types of emergencies:
National Emergency (Article 352), State Emergency or President's Rule (Article 356), and Financial
Emergency (Article 360).\n\nStatement 2 is correct: According to Article 83(2) of the Constitution, during a
National Emergency, the tenure of the Lok Sabha can be extended for a period of one year at a time, but
not beyond a period of six months after the Emergency has ceased to operate.\n\nStatement 3 is
incorrect: Only the rights guaranteed under Article 19 are automatically suspended when a National
Emergency is declared on the grounds of war or external aggression. For other types of emergencies,
rights under Article 19 are not automatically suspended.

Q5. Consider the following statements regarding the Proclamation of Emergency under the Indian
Constitution:
1. The President of India can declare a National Emergency only on the written recommendation of the
Cabinet.
2. A Proclamation of Emergency needs Parliamentary approval within one month from its issuance.
3. During a National Emergency, the tenure of the Lok Sabha can be extended beyond five years but not
exceeding one year at a time.

How many of the Statements given above are correct?

A. Only one
B. Only two
C. All three
D. None
Correct Answer: B. Only two
Explanation: Statement 1 is correct: According to Article 352 of the Indian Constitution, the President can
proclaim a National Emergency only upon the written recommendation of the Cabinet. This was
introduced by the 44th Amendment Act to ensure that the power is not misused.\n\nStatement 2 is
incorrect: A Proclamation of Emergency needs to be approved by both Houses of Parliament within one
month from its issuance, as per the 44th Amendment Act, 1978. Prior to this amendment, the period was
two months.\n\nStatement 3 is correct: According to Article 83(2) of the Constitution, during a National
Emergency, the tenure of the Lok Sabha can be extended by a law of Parliament for a period not
exceeding one year at a time and not extending beyond a period of six months after the Emergency has
ceased to operate.

Q6. Consider the following statements regarding the role of the President of India during an Emergency:
1. The President can declare three types of emergencies: National, State, and Financial.
2. During a National Emergency, the President can alter the distribution of revenues between the Union and
the States.
3. The President needs the written recommendation of the Cabinet to proclaim a National Emergency.
How many of the Statements given above are correct?
A. Only one
B. Only two
C. All three
D. None

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Correct Answer: B. Only two

Explanation: Statement 1 is correct: The Constitution of India empowers the President to proclaim three
types of emergencies: National Emergency (Article 352), State Emergency or President's Rule (Article 356),
and Financial Emergency (Article 360).\n\nStatement 2 is incorrect: During a National Emergency, it is the
Parliament that has the power to legislate on the distribution of revenues between the Union and the
States, not the President directly.\n\nStatement 3 is correct: According to the 44th Amendment of the
Indian Constitution, the President can proclaim a National Emergency only after receiving the written
recommendation of the Cabinet. This was introduced to ensure that such a proclamation is made based
on collective decision-making.

Q7. Consider the following statements regarding the emergency powers of the President of India:

1. The President can declare three types of emergencies: National, State, and Financial.
2. A proclamation of National Emergency automatically suspends the right to move any court for the
enforcement of Fundamental Rights.
3. The proclamation of Financial Emergency must be approved by both Houses of Parliament within one
month from its issuance.
4. During the period of any emergency, the term of the Lok Sabha can be extended for a period of one year
at a time.

How many of the statements given above are correct?

A. Only one
B. Only two
C. Only three
D. All four

Correct Answer: D. All four

Explanation: Let's break down each statement:

1.
The President can declare three types of emergencies: National, State, and Financial. -> TRUE. According to
Article 352, 356, and 360 of the Indian Constitution, the President can declare National Emergency, State
Emergency, and Financial Emergency respectively.
2.
A proclamation of National Emergency automatically suspends the right to move any court for the
enforcement of Fundamental Rights. -> TRUE. During a National Emergency, the President can suspend the
right to move any court for the enforcement of Fundamental Rights under Article 358 and 359.

3.
The proclamation of Financial Emergency must be approved by both Houses of Parliament within one
month from its issuance. -> TRUE. According to Article 360, a Financial Emergency proclamation must be
approved by both Houses of Parliament within two months, not one month, from its issuance.

4.
During the period of any emergency, the term of the Lok Sabha can be extended for a period of one year at
a time. -> TRUE. During an emergency, the term of the Lok Sabha can be extended by a resolution passed by
the Lok Sabha for a period not exceeding one year at a time, as per Article 83.
All four statements are correct.

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Q8. Consider the following statements regarding the dissolution of State Governments during a National
Emergency under the Constitution of India:
1. The President of India can dissolve a State Legislative Assembly.
2. The consent of the State Legislature is required before dissolving the State Government.
3. The Union Government can assume all functions of the State Government.

How many of the Statements given above are correct?

A. Only one
B. Only two
C. All three
D. None

Correct Answer: B. Only two

Explanation: Statement 1 is correct: During a National Emergency, the President of India has the power to
dissolve a State Legislative Assembly and impose President's rule in the state, thereby taking over the
administration. Statement 2 is incorrect: The consent of the State Legislature is not required before
dissolving the State Government during a National Emergency. The President can take such action based
on the advice of the Union Cabinet. Statement 3 is correct: The Union Government can assume all
functions of the State Government, or any of its powers, during a National Emergency. This includes the
power to make laws on subjects within the State List.

Q9. Consider the following statements regarding the effects of the proclamation of an Emergency under Article
352 of the Indian Constitution:
Statement 1: The fundamental rights under Article 19 are automatically suspended.
Statement 2: The President can modify the distribution of revenues between the Union and the States.
$Which one of the following is correct in respect of the above statements?

A. Both Statement 1 and Statement 2 are correct and Statement 2 is the correct explanation for Statement 1
B. Both Statement 1 and Statement 2 are correct and Statement 2 is not the correct explanation for Statement
1
C. Statement 1 is correct but Statement 2 is incorrect
D. Statement 1 is incorrect but Statement 2 is correct

Correct Answer: C. Statement 1 is correct but Statement 2 is incorrect

Explanation: During the proclamation of an Emergency under Article 352, the fundamental rights under
Article 19 can be suspended. However, the President cannot modify the distribution of revenues between
the Union and the States; this aspect is not affected by the Emergency provisions.

Q10. Consider the following statements regarding the Proclamation of Emergency under the Indian
Constitution:

1. The President can declare a National Emergency on the grounds of war, external aggression, or armed
rebellion.
2. A Proclamation of Emergency needs the written recommendation of the Cabinet to the President before it
can be declared.
3. Once declared, a National Emergency can last indefinitely without parliamentary approval.
4. State governments are granted more power during a National Emergency.
$How many of the above statements are correct?

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A. Only one
B. Only two
C. Only three
D. All of the above

Correct Answer: B. Only two

Explanation: Statement 1 is correct: Article 352 of the Indian Constitution allows the President to declare a
National Emergency on the grounds of war, external aggression, or armed rebellion. Statement 2 is
correct: According to the 44th Amendment Act of 1978, the President can proclaim a National Emergency
only after receiving a written recommendation from the Cabinet. Statement 3 is incorrect: A National
Emergency must be approved by both Houses of Parliament within one month of its declaration, and it can
last for six months at a time, needing parliamentary approval for any extension. Statement 4 is incorrect:
During a National Emergency, the power of the state governments is significantly reduced, and the central
government becomes more powerful, with the ability to make laws on subjects in the State List.

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