Emergency provisions
1. Which of the following articles empower for “National Emergency”?
a) Article 352
b) Article 356
c) Article 360
d) Article 363
Answer. a) Article 352: National Emergency.
Article 352: National Emergency.
Article 356: President’s rule.
Article 360: Financial Emergency.
2. Which of the following is not the basis for the proclamation of “National Emergency”?
a) War
b) External Aggression
c) Armed rebellion
d) Internal disturbance
Answer. d) Internal disturbance
The internal disturbance is not the basis for the proclamation of a “National Emergency”, it was omitted in the 44th Constitutional Amendment Act (1978).
3. Which of the following constitutional amendment act made the declaration of National Emergency immune from Judicial review?
a) 38th Amendment Act (1975)
b) 42nd Amendment Act (1976)
c) 44th Amendment Act (1978)
d) 101st Amendment Act (2016)
Answer. a) 38th Amendment Act (1975)
4. Which of the following judgments held that the proclamation of national emergency can be challenged in a court on the grounds of malafide or others.
a) Champakam Dorairanjan case (1951)
b) Golaknath Case ( 1967)
c) Kesavananda Bharti case (1973)
d) Minerva Mills case (1980)
Answer. d) Minerva Mills case(1980)
Champakam Dorairanjan case (1951):
DPSP is a subsidiary of Fundamental Rights.
Fundamental rights can be amended by the Constitutional Amendment Act.
5. Proclamation of emergency must be approved by both the houses of parliament within?
a) 1 month
b) 2 months
c) 6 months
d) 1 year
Answer. a) 1 month
Originally, it was 2 months but was reduced to 1 month by the 44th Amendment Act of 1978.
Once approved, it will be valid for six months and can be extended to an infinite period with the approval of parliament every six months.
6. Which type of Majority is needed to pass the emergency resolution in Parliament?
a) Simple Majority
b) Special Majority [ majority of total membership and 2/3rd of the members of the present and voting;
c) Special majority and approval by half of the states’ assembly
d) Absolute majority
Answer. b) Special Majority [ majority of total membership and 2/3rd of the members of the present and voting;
Earlier, only a simple majority was needed. A special majority provision was added by the 44th Amendment Act of 1978. It was also added in this amendment act that the president must revoke the emergency if the Lok Sabha disapproves.
7. Article 358 deals with?
a) Suspension of fundamental rights guaranteed by Article 19.
b) Suspension of fundamental rights other than Articles 19, 20, and 21
c) Both of the above
d) None of the above
Answer. a) Suspension of fundamental rights guaranteed by Article 19.
Article 359 deals with the Suspension of fundamental rights other than Articles 19, 20, and 21.
8. A national emergency was not declared in which of the following year?
a) 1962
b) 1971
c) 1975
d) 1999
Answer. d) 1999
9.
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