Emergency Provisions — MCQs with Answers (Set 2)

Only the President of India has the constitutional authority to proclaim a Financial Emergency under Article 360.

Article 360 empowers the President to proclaim a Financial Emergency if the financial stability or credit of India, or any part of it, is threatened.

Dissolution of local bodies (Panchayats and Municipalities) is not a necessary consequence of President’s Rule, unlike removal of the State Council of Ministers or assumption of legislative powers by Parliament.

The SR Bommai case (1994) established that the President’s satisfaction for imposing President’s Rule under Article 356 is subject to judicial review.

President’s Rule can ordinarily continue for a maximum of three years, through periodic six-monthly extensions approved by Parliament, subject to further constitutional safeguards.

The first-ever imposition of President’s Rule under Article 356 was in PEPSU (Patiala and East Punjab States Union) in 1951.

BR Ambedkar defended Article 356 on the express understanding that it would be invoked only as a matter of last resort, not routinely.

President’s Rule under Article 356 is typically proclaimed on receipt of a report from the Governor of the concerned State, or otherwise if the President is satisfied.

Article 356 empowers the President to impose President’s Rule in a State on grounds of failure of its constitutional machinery.

The provisions for a National Emergency in the Indian Constitution were significantly influenced by the Weimar Constitution of Germany.

During a National Emergency, Parliament may extend the Lok Sabha’s term by law for one year at a time, but not beyond six months after the Emergency ceases to operate.

Articles 20 (protection in respect of conviction for offences) and 21 (right to life and personal liberty) can never be suspended, even during a National Emergency.

Article 359 empowers the President to suspend the right to move courts for enforcing specified Fundamental Rights during an Emergency, though Articles 20 and 21 can never be suspended.

Article 358 operates without a separate Presidential order during an Emergency based on war or external aggression. It does not apply to an Emergency based only on armed rebellion. Its protection covers laws declaring their connection with the Emergency, and executive action under those laws. Article 359 separately permits Presidential orders suspending court enforcement of specified rights, except Articles 20 and 21. Emergency Provisions

Approval of a National Emergency proclamation requires a special majority: a majority of the total membership of each House, and at least two-thirds of members present and voting.

The National Emergency of 1975 was proclaimed by the President on 25th June 1975, citing internal disturbance as the ground.

The 44th Amendment replaced the vague ground of ‘internal disturbance’ with the narrower and more precise ‘armed rebellion’.

Financial instability is the ground for a Financial Emergency under Article 360, not for a National Emergency under Article 352.

Article 352 empowers the President to proclaim a National Emergency on grounds of war, external aggression, or armed rebellion.

The Constitution envisages three types of Emergency: National Emergency (Article 352), President’s Rule (Article 356), and Financial Emergency (Article 360).

Laws made by Parliament on State List subjects during a National Emergency cease to have effect six months after the Emergency ceases to operate.