Emergency Provisions

Question 1

Article 352

Answer 1

Proclamation of Emergency due to war, external aggression, or armed rebellion

• War, External Aggression → External Emergency
• Armed Rebellion → Internal Emergency

Question 2

Article 356

Answer 2

Failure of Constitutional machinery in the states

AKA:
- President’s Rule
- State Emergency
- Constitutional Emergency

Question 3

Article 360

Answer 3

Financial Emergency due to a threat to the financial stability of India

Question 4

President can issue different proclamations (Added by which CAA)

Answer 4

38th CAA 1975

Question 5

National Emergency application over a specified part of India (Curtailed by which CAA)

Answer 5

42nd CAA 1976

Question 6

Internal disturbance is substituted by armed rebellion by which CAA?

Answer 6

44th CAA 1978

Question 7

Emergency can be declared only on concurrence of the Cabinet and not merely by PM (added by which CAA)

Answer 7

44th CAA 1978

Question 8

National emergency can be challenged in a court of law on the ground of malafide/others (which case law)

Answer 8

Minerva Mills Case 1980

Question 9

About National Emergency

Answer 9

1. To be approved by LS and RS by Special Majority within 1month
2. If LS dissolving/dissolved will get 30days from first session after reassembly (Provided RS agreed)
3. Term of National Emergency: 6months
4. Extendable: Indefinitely every 6months

Question 10

Revocation of Proclamation is executed by which entities?

Answer 10

1. President can revoke
2. LS passes a disapproving resolution (Simple Majority) [44th CAA]
3. 1/10th members of LS → Written Notice (To Speaker/President) → Special Sitting (Within 14days)

Question 11

Life of law on state subjects made during National Emergency?

Answer 11

Inoperative 6months after emergency cease to exist

Question 12

Life of Lok Sabha and State Legislative Assembly during National Emergency?

Answer 12

Parliament → Extend 1 year (Indefinite times one year at a time) → Cannot continue 6months after National Emergency cease to exist

Question 13

Article 358

Answer 13

Suspension of Article 19

• Proclamation of Emergency → Six FRs under A19 are automatically suspended
• A358 ceases to exist when National Emergency ceases to exist
• No remedy lies for anything done during the emergency

Question 14

Article 359

Answer 14

Suspension of all FRs except A20 and A21

• To be mentioned in President’s order (Not automatic as of A358)

Question 15

External Emergency (Which FRs are restricted?)

Answer 15

All FRs except A20 and A21

Question 16

Internal Emergency (Which FRs are restricted?)

Answer 16

All FRs except A19, A20, A21

Question 17

Article 355

Answer 17

Duty on the Centre to ensure all state governments follow Constitution

Question 18

Article 365

Answer 18

Whenever states fail to comply with or to give effect to any direction from the Centre → President can invoke A356

Question 19

About President’s Rule

Answer 19

1. To be approved by LS + RS within 2months by Simple Majority
2. Term of President’s Rule: 6months
3. Extension: Upto 3years only
4. Constraints: 44th CAA (1978) imposed for President’s Rule beyond 1 year:
   - National Emergency active throughout India or part of the state concerned
   - Election Commission must certify the general elections cannot be held in the state concerned

Question 20

B.R. Ambedkar called A356 as a?

Answer 20

Dead Letter

Question 21

About Financial Emergency

Answer 21

1. To be approved by LS + RS within _2months _ with a Simple Majority
2. Term: Indefinite (No repeated approvals required)