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Multiple-choice questions (MCQs) on “Emergency Provisions in the Indian Constitution: Safeguards and Misuse” with answers.

 

1. Which Article of the Indian Constitution deals with the proclamation of a National Emergency?

  • a) Article 352
  • b) Article 356
  • c) Article 360
  • d) Article 365
    Answer: a) Article 352

2. National Emergency can be declared in India on which of the following grounds?

  • a) Armed rebellion
  • b) External aggression
  • c) War
  • d) All of the above
    Answer: d) All of the above

3. During the proclamation of a National Emergency, the term of the Lok Sabha can be extended by a period of:

  • a) 1 year at a time
  • b) 6 months at a time
  • c) 3 months at a time
  • d) 5 years
    Answer: a) 1 year at a time

4. Which of the following provisions was added by the 44th Amendment to the Constitution with regard to Emergency Provisions?

  • a) National Emergency cannot be declared without prior approval of Parliament
  • b) National Emergency can be revoked only by the President
  • c) The phrase “armed rebellion” replaced “internal disturbance”
  • d) Emergency can be declared only with a written recommendation of the Council of Ministers
    Answer: c) The phrase “armed rebellion” replaced “internal disturbance”

5. Under the National Emergency, which fundamental rights are automatically suspended?

  • a) Articles 19, 21
  • b) Articles 14, 19
  • c) Articles 20, 21
  • d) Article 19 only
    Answer: d) Article 19 only

6. The 44th Amendment of the Constitution, 1978 made the declaration of National Emergency subject to approval by:

  • a) Parliament by a simple majority
  • b) Parliament by a two-thirds majority
  • c) Parliament by a three-fourths majority
  • d) A joint sitting of both Houses of Parliament
    Answer: b) Parliament by a two-thirds majority

7. Which of the following is NOT a safeguard against misuse of Emergency powers?

  • a) Judicial review of the President’s proclamation
  • b) Requirement of written advice from the Cabinet
  • c) The President’s unilateral power to proclaim Emergency
  • d) Mandatory approval by both Houses of Parliament within a month
    Answer: c) The President’s unilateral power to proclaim Emergency

8. A State Emergency under Article 356 can be in force for a maximum period of:

  • a) 6 months
  • b) 1 year
  • c) 2 years
  • d) 3 years
    Answer: d) 3 years

9. Financial Emergency can be proclaimed under which Article of the Indian Constitution?

  • a) Article 352
  • b) Article 356
  • c) Article 360
  • d) Article 365
    Answer: c) Article 360

10. Which body has the power to review the President’s proclamation of Emergency?

  • a) Supreme Court
  • b) Parliament
  • c) Council of Ministers
  • d) Governor
    Answer: a) Supreme Court

11. During a Financial Emergency, the President can reduce the salaries of which of the following?

  • a) Central Government employees
  • b) State Government employees
  • c) Judges of the Supreme Court and High Courts
  • d) All of the above
    Answer: d) All of the above

12. The declaration of Emergency under Article 356 in a state is often referred to as:

  • a) National Emergency
  • b) President’s Rule
  • c) Martial Law
  • d) Constitutional Amendment
    Answer: b) President’s Rule

13. President’s Rule under Article 356 must be approved by both Houses of Parliament within:

  • a) One week
  • b) Two months
  • c) Six months
  • d) One year
    Answer: b) Two months

14. Which of the following is suspended automatically during a National Emergency?

  • a) Right to life and personal liberty
  • b) Right to constitutional remedies
  • c) Right to equality
  • d) Right to freedom of speech
    Answer: d) Right to freedom of speech

15. National Emergency has been declared in India how many times?

  • a) Once
  • b) Twice
  • c) Thrice
  • d) Four times
    Answer: c) Thrice

16. The maximum period for which a Financial Emergency can continue is:

  • a) 6 months
  • b) 1 year
  • c) 2 years
  • d) Indefinite, until revoked by the President
    Answer: d) Indefinite, until revoked by the President

17. The 42nd Amendment of the Constitution had a significant impact on the Emergency provisions by:

  • a) Limiting the powers of the President
  • b) Enhancing the powers of the executive
  • c) Allowing judicial review of Emergency
  • d) Imposing restrictions on proclamation of Emergency
    Answer: b) Enhancing the powers of the executive

18. Which of the following rights cannot be suspended during a National Emergency?

  • a) Right to life and personal liberty (Article 21)
  • b) Right to freedom of speech (Article 19)
  • c) Right to form associations (Article 19(1)(c))
  • d) Right to constitutional remedies (Article 32)
    Answer: a) Right to life and personal liberty (Article 21)

19. Who has the authority to proclaim an Emergency in India?

  • a) Prime Minister
  • b) President
  • c) Parliament
  • d) Supreme Court
    Answer: b) President

20. The President can proclaim an Emergency only on the written advice of:

  • a) The Prime Minister
  • b) The Council of Ministers
  • c) The Cabinet
  • d) The Attorney General
    Answer: c) The Cabinet

21. What is the role of the Rajya Sabha in the continuation of President’s Rule?

  • a) It has no role
  • b) It can only reject the proclamation
  • c) It must approve the proclamation by a simple majority
  • d) It must approve the proclamation by a two-thirds majority
    Answer: c) It must approve the proclamation by a simple majority

22. The duration of an Emergency declared under Article 352 is initially for:

  • a) 1 month
  • b) 6 months
  • c) 2 years
  • d) Indefinite
    Answer: b) 6 months

23. Under Article 358, the suspension of fundamental rights under National Emergency applies only to:

  • a) Article 19
  • b) Article 21
  • c) Article 32
  • d) Article 20
    Answer: a) Article 19

24. During a National Emergency, how often must the Parliament approve its continuation?

  • a) Every 3 months
  • b) Every 6 months
  • c) Every year
  • d) Every 2 years
    Answer: b) Every 6 months

25. Which amendment restored some checks on the misuse of Emergency provisions in India?

  • a) 42nd Amendment
  • b) 44th Amendment
  • c) 52nd Amendment
  • d) 61st Amendment
    Answer: b) 44th Amendment

26. Which one of the following is not a feature of the Emergency Provisions?

  • a) The federal structure is transformed into a unitary one
  • b) Fundamental rights are curtailed
  • c) The judiciary is suspended
  • d) The executive powers of the states come under the Union government
    Answer: c) The judiciary is suspended

27. The declaration of Emergency due to internal disturbances was first made in India in:

  • a) 1962
  • b) 1965
  • c) 1971
  • d) 1975
    Answer: d) 1975

28. The suspension of fundamental rights during an Emergency can be challenged in:

  • a) Parliament
  • b) High Courts
  • c) The Supreme Court
  • d) None of the above
    Answer: c) The Supreme Court

29. The President’s power to proclaim Emergency is subject to judicial review. Which case established this principle?

  • a) Minerva Mills case
  • b) Keshavananda Bharati case
  • c) Golaknath case
  • d) ADM Jabalpur case
    Answer: a) Minerva Mills case

30. Which of the following is considered a safeguard against the abuse of Emergency provisions?

  • a) Approval by the Cabinet before proclamation
  • b) Judicial review of Emergency proclamations
  • c) Parliamentary approval every six months
  • d) All of the above
    Answer: d) All of the above

These questions cover various aspects of Emergency provisions, safeguards, and their misuse in the Indian Constitution.

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