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Topics / Polity

Emergency Provisions

Asked 7 times in UPSC Prelims · first asked 2002 · last asked 2023

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Consider the following statements: 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention. 3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence. How many of the above statements are correct?

2023Polity
AOnly one
BOnly two
CAll three
D

Explanation

The Constitution of India does not mandate the Central Government to protect States from internal disturbances. States are responsible for providing legal counsel to individuals held for preventive detention. The confession made by an accused before the police can be used as evidence under the Prevention of Terrorism Act, 2002.

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then

2018Polity
Athe Assembly of the State is automatically dissolved
Bthe powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament
CArticle 19 is suspended in that State
Dthe President can make laws relating to that State

Explanation

The President of India can invoke Article 356 of the Constitution to impose President's Rule in a state, which transfers the authority of the state legislature to the Parliament.

Which of the following are not necessarily the consequences of the proclamation of the President's rule in a State? 1. Dissolution of the State Legislative Assembly 2. Removal of the Council of Ministers in the State 3. Dissolution of the local bodies. Select the correct answer using the code given below:

2017Polity
A1 and 2 only
B1 and 3 only
C2 and 3 only
D1, 2 and 3

Explanation

When the President's Rule is imposed in a state, the state council of ministers is removed by the President. The state legislative assembly might be put on hold or dissolved. However, it is not mandatory for local bodies to be dissolved during this period.

During which Five Year Plan was the Emergency clamped, new elections took place and the Janata Party was elected?

2009Polity
AThird
BFourth
CFifth
DSixth

Explanation

The Emergency was imposed, new elections were held, and the Janata Party was elected during the Fifth Five Year Plan, which took place from 1974 to 1978.

Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India: 1. A proclamation of financial emergency issued shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by the resolutions of both Houses of Parliament. 2. If any proclamation of financial emergency is in operation, it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of Supreme Court and the High Courts. Which of the statements given above is/are correct?

2007Polity
A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2

Explanation

In the context of financial emergency as per Article 360 of the Constitution of India, the statement that a proclamation of financial emergency ceases to be valid after two months unless approved by both Houses of Parliament is correct. Additionally, under a financial emergency proclamation, the President of India has the authority to issue directives for reducing the salaries and allowances of all individuals involved in Union affairs, except for the Judges of the Supreme Court and the High Courts.

Consider the following statements: 1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List. 2. Resolutions approving the proclamation of Emergency are passed only by the Lok Sabha. Which of the statement(s) given above is/are correct?

2006Polity
A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2

Explanation

In the context of government administration, the statement that the Rajya Sabha alone has the authority to declare it would be in the national interest for Parliament to legislate on a matter in the State List is accurate, based on Article 249. However, the statement indicating that only the Lok Sabha passes resolutions approving the proclamation of an Emergency is incorrect. In actuality, both Houses of Parliament are involved in passing such resolutions.

The term of the Lok Sabha:

2002Polity
Acannot be extended under any circumstances
Bcan be extended by six months at a time
Ccan be extended by one year at a time during the proclamation of emergency
Dcan be extended for two years at a time during the proclamation of emergency

Explanation

The Lok Sabha's duration can be prolonged by up to one year at a time during a national emergency declared under Article 352.