HomePYQIndian PolityEmergency Provisions
Emergency Provisions
11 questions
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Q.1
WBCS Prelims 2023
Under which article of the Constitution the President can take over the administration of State in his own hand?
A. Article 352
B. Article 356
C. Article 360
D. Article 370
Explanation
Why Correct: Article 356 authorizes the President to assume state administration when the constitutional machinery in a state breaks down, known as President's Rule.
Distractor Analysis: Article 352 declares a national emergency due to war, external aggression, or armed rebellion. Article 360 deals with financial emergencies affecting India's financial stability. Article 370 granted special autonomous status to Jammu and Kashmir until its abrogation in 2019.
Takeaway: Article 356 requires parliamentary approval within two months and can last up to six months per proclamation, extendable to three years with parliamentary approval every six months.
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Q.2
WBCS Prelims 2009
Which Indian state came under President’s Rule for Maximum number of times ?
A. Punjab
B. Himachal Pradesh
C. Uttar Pradesh
D. Karnataka
Explanation
Why Correct: Punjab has experienced President's Rule 10 times, the highest among Indian states, due to political instability and insurgency periods.
Distractor Analysis: Uttar Pradesh has faced President's Rule 9 times, Himachal Pradesh 4 times, and Karnataka 6 times.
Takeaway: Article 356 of the Constitution governs President's Rule, allowing central government takeover of state administration during constitutional breakdown.
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Q.3
WBCS Prelims 2009
How many times did the President of India declare National Emergency so far ?
A. Never
B. Only once
C. Only twice
D. Thrice
Explanation
Why Correct: The President of India has declared National Emergency three times: in 1962 (China war), 1971 (Indo-Pak war), and 1975 (internal disturbance).
Distractor Analysis: Never ignores all three historical declarations. Only once misses the 1962 and 1975 emergencies. Only twice excludes either the 1962 or 1975 emergency.
Takeaway: The 1975 emergency under Article 352 was the only one declared for 'internal disturbance', lasting 21 months until its revocation in 1977.
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Q.4
WBCS Prelims 2006
Who can declare emergency in India?
A. President of India
B. Prime Minister of India
C. Chief of Army Staff
D. Speaker of the Parliament
Explanation
Why Correct: The President of India declares all three types of emergencies under Articles 352 (national emergency), 356 (state emergency/President's Rule), and 360 (financial emergency), acting on the aid and advice of the Council of Ministers headed by the Prime Minister.
Distractor Analysis: The Prime Minister of India heads the Council of Ministers that advises the President on emergency declarations but cannot declare emergencies unilaterally. The Chief of Army Staff commands the Indian Army but holds no constitutional power to declare emergencies. The Speaker of the Parliament presides over the Lok Sabha and has no role in emergency declarations.
Takeaway: Article 352 requires a written recommendation from the Cabinet before the President can proclaim a national emergency, preventing unilateral action.
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Q.5
WBCS Prelims 2006
Under which article of the Constitution, the President of India can dismiss the State Government ?
A. Article 352
B. Article 360
C. Article 354
D. Article 356
Explanation
Why Correct: Article 356 empowers the President to impose President's Rule in a state, dismissing the state government and placing the state under direct central control, when the constitutional machinery in the state breaks down.
Distractor Analysis: Article 352 deals with proclamation of National Emergency due to war, external aggression, or armed rebellion. Article 360 provides for Financial Emergency when India's financial stability or credit is threatened. Article 354 allows Parliament to modify revenue distribution between the Union and states during a National Emergency under Article 352.
Takeaway: President's Rule under Article 356 must be approved by both Houses of Parliament within two months, and cannot exceed three years without constitutional amendments.
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Q.6
WBCS Prelims 2000WBCS Prelims 2005
The President of India can declare an emergency if there is
A. War or threat of war
B. Failure of constitutional machinery
C. Financial instability
D. Any of these three
Asked 2 times in WBCS. High priority question.
Explanation
Why Correct: Article 352 authorizes the President to declare a National Emergency for war, external aggression, or armed rebellion. Article 356 allows President's Rule for failure of constitutional machinery in states. Article 360 permits Financial Emergency for financial instability.
Distractor Analysis: War or threat of war covers only external emergencies under Article 352. Failure of constitutional machinery refers specifically to state-level breakdowns under Article 356. Financial instability addresses monetary crises under Article 360.
Takeaway: National Emergency under Article 352 requires written recommendation from the Cabinet, not just the Prime Minister, and must be approved by Parliament within one month.
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Q.7
WBCS Prelims 2003
The President can promulgate Presidential Rule in a State under Article
A. 256
B. 356
C. 400
D. 360
Explanation
Why Correct: Article 356 empowers the President to impose President's Rule in a state when the constitutional machinery fails.
Distractor Analysis: Article 256 deals with state compliance with Union laws. Article 400 does not exist in the Indian Constitution. Article 360 covers financial emergency provisions at the national level.
Takeaway: Article 352 covers national emergency, Article 360 covers financial emergency, and Article 365 allows the President to act when states fail to follow Union directions.
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Q.8
WBCS Prelims 2002
How many different types of emergencies are envisaged by the Constitution?
A. None
B. 2
C. 3
D. 4
Explanation
Why Correct: The Indian Constitution provides for three types of emergencies: National Emergency (Article 352), State Emergency/President's Rule (Article 356), and Financial Emergency (Article 360).
Distractor Analysis: None is incorrect because the Constitution explicitly defines emergency provisions. 2 is incorrect because it omits one of the three types. 4 is incorrect because there are only three constitutional emergency provisions, not four.
Takeaway: National Emergency requires written recommendation from the Cabinet, State Emergency requires report from Governor or otherwise, and Financial Emergency has never been declared.
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Q.9
WBCS Prelims 2001
The President of India can declare a financial emergency under
A. Article 352
B. Article 356
C. Article 360
D. None of these articles
Explanation
Why Correct: Article 360 of the Indian Constitution empowers the President to proclaim a financial emergency when the financial stability or credit of India or any part of its territory is threatened.
Distractor Analysis: Article 352 deals with proclamation of national emergency due to war, external aggression, or armed rebellion. Article 356 covers imposition of President's Rule in states due to failure of constitutional machinery. The option "None of these articles" is incorrect because Article 360 specifically provides for financial emergency.
Takeaway: The Constitution provides for three types of emergencies: national (Article 352), state (Article 356), and financial (Article 360), with financial emergency never having been declared since independence.
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Q.10
WBPSC Miscellaneous Prelims 2009
In which year was the financial emergency under Article 360 imposed for the first time?
A. 1962
B. 1965
C. 1975
D. None of the above
Explanation
Why Correct: India has never imposed the financial emergency under Article 360 since the Constitution came into effect.
Distractor Analysis: In 1962, the India-China war triggered the National Emergency under Article 352, not financial emergency. In 1965, the Indo-Pak war occurred during the ongoing National Emergency. In 1975, India declared the internal National Emergency under Article 352, not Article 360.
Takeaway: Article 360 is the only emergency provision never used; National Emergency (Article 352) has been invoked three times (1962, 1965, 1975), and President's Rule (Article 356) many times.
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Q.11
WBCS prelims 2024
Which Fundamental Rights cannot be suspended during a National Emergency under article 359?
A. Articles 19 and 32
B. Articles 14 and 15
C. Articles 20 and 21
D. All are right.
Explanation
Why Correct: Articles 20 and 21 remain enforceable during a National Emergency because Article 359 explicitly bars their suspension. The 44th Amendment Act, 1978, added this protection.
Distractor Analysis: Articles 19 and 32 can be suspended during a National Emergency under Article 359; Article 19 protects freedom of speech, assembly, movement, etc., and Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights. Articles 14 and 15 are also suspendable; Article 14 guarantees equality before law, and Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. The option "All are right" is incorrect because only Articles 20 and 21 are exempt from suspension.
Takeaway: The 44th Amendment Act, 1978, also restored the right to property as a legal right under Article 300A, removing it from the list of Fundamental Rights.
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