Emergency Provisions

60. Which of the following cannot be suspended even during a National Emergency under Article 352?

[SSC Selection Post (Graduate Level), 18 September 2026, Shift 1]

(A) Article 21 – Protection of life and personal liberty

(B) Article 19 – Freedom of speech and expression

(C) Article 22 – Protection against arrest and detention

(D) Article 23 – Prohibition of human trafficking

Answer: (A) Article 21 – Protection of life and personal liberty

Explanation: Article 21 protects life and personal liberty and cannot be excluded from judicial enforcement through a Presidential order under Article 359. The 44th Constitutional Amendment protected both Articles 20 and 21, even during a National Emergency.

59. Before the 44th Constitutional Amendment, which emergency could be proclaimed on the ground of “internal disturbance”?

[RRB NTPC (Undergraduate) CBT-I, 17 June 2026, Shift 1]

(A) National Emergency

(B) President’s Rule

(C) Martial Law

(D) Financial Emergency

Answer: (A) National Emergency

Explanation: Originally, Article 352 permitted a National Emergency on the ground of internal disturbance. The 44th Constitutional Amendment replaced that broad expression with armed rebellion to introduce a more precise safeguard against misuse of extraordinary powers.

58. Which Constitutional Amendment made written Cabinet advice compulsory before proclaiming a National Emergency?

[RRB NTPC (Undergraduate) CBT-I, 16 June 2026, Shift 2]

(A) 24th Amendment

(B) 44th Amendment

(C) 26th Amendment

(D) 42nd Amendment

Answer: (B) 44th Amendment

Explanation: The 44th Amendment of 1978 required the President to receive the Union Cabinet’s decision in writing before issuing a National Emergency proclamation. The safeguard prevents an individual minister or Prime Minister from initiating the proclamation without Cabinet authorization.

57. “Effect of Proclamation of Emergency” is explicitly provided in which Article of the Constitution?

[RRB NTPC (Undergraduate) CBT-I, 8 May 2026, Shift 2]

(A) Article 353

(B) Article 350

(C) Article 256

(D) Article 252

Answer: (A) Article 353

Explanation: Article 353 specifies the consequences of a National Emergency. Union executive authority may extend to directions governing state executive power, while Parliament acquires wider legislative powers. It strengthens Union authority without automatically dissolving state legislatures.

56. Which type of emergency has never been proclaimed in India?

[SSC GD Constable, 6 May 2026, Shift 1]

(A) National Emergency

(B) President’s Rule

(C) Financial Emergency

(D) None of the above

Answer: (C) Financial Emergency

Explanation: Although Article 360 provides for a Financial Emergency when India’s financial stability or credit is threatened, no such proclamation has ever been issued. National Emergency and President’s Rule, by contrast, have both been used in India.

55. Which Article of the Indian Constitution provides for President’s Rule in a State?

[DSSSB MTS, 23 April 2026, Shift 1]

(A) Article 296

(B) Article 356

(C) Article 256

(D) Article 326

Answer: (B) Article 356

Explanation: Article 356 permits President’s Rule when the constitutional government of a state cannot function according to the Constitution. The President may act upon a Governor’s report or otherwise, subject to parliamentary approval and judicial scrutiny.

54. What is the maximum total duration of President’s Rule in a State under Article 356, subject to constitutional conditions?

[RRB NTPC (Graduate) CBT-I, 22 March 2026, Shift 3]

(A) Up to three years

(B) Up to two years

(C) Up to four years

(D) Up to one year

Answer: (A) Up to three years

Explanation: President’s Rule ordinarily lasts six months after parliamentary approval and can be extended six months at a time. Extension beyond one year requires additional constitutional conditions, and the overall limit is generally three years.

53. Which amendment reduced the parliamentary approval period for a National Emergency from two months to one month?

[RRB NTPC (Graduate) CBT-I, 18 March 2026, Shift 3]

(A) 44th Amendment Act, 1978

(B) 52nd Amendment Act, 1985

(C) 42nd Amendment Act, 1976

(D) 38th Amendment Act, 1975

Answer: (A) 44th Amendment Act, 1978

Explanation: The 44th Amendment shortened the initial parliamentary approval window for a National Emergency to one month. It also introduced stronger voting requirements and strengthened safeguards following the experience of the 1975–1977 Emergency.

52. Under which circumstance may the President proclaim a Financial Emergency under Article 360?

[MP Police Constable, 13 December 2025, Shift 1]

(A) Foreign exchange reserves fall below a fixed threshold

(B) A State’s finances collapse

(C) The financial stability or credit of India is threatened

(D) The Reserve Bank of India advises a proclamation

Answer: (C) The financial stability or credit of India is threatened

Explanation: Article 360 refers to a threat to the financial stability or credit of India, or any part of its territory. It does not prescribe an automatic foreign-exchange threshold or require an RBI recommendation as its constitutional trigger.

51. Which Article automatically suspends the protection of Article 19 during the specified forms of National Emergency?

[RRB NTPC (Graduate) CBT-II, 13 October 2025, Shift 1]

(A) Article 356

(B) Article 352

(C) Article 359

(D) Article 358

Answer: (D) Article 358

Explanation: Article 358 makes Article 19 restrictions inoperative during a National Emergency based on war or external aggression. It does not automatically apply to an emergency grounded solely on armed rebellion; Article 359 concerns enforcement of other specified rights.

50. What legislative consequence follows a National Emergency proclaimed under Article 352?

[SSC CGL, 22 September 2025, Shift 2]

(A) States retain exclusive authority over the State List

(B) Parliament can legislate on matters in the State List

(C) Rajya Sabha must approve every State Bill

(D) The President dissolves all State Assemblies

Answer: (B) Parliament can legislate on matters in the State List

Explanation: During a National Emergency, Article 250 permits Parliament to enact laws on State List subjects. State legislatures continue operating, but Union legislative competence expands temporarily. Such parliamentary laws ordinarily cease to have effect six months after the Emergency ends.

49. Financial Emergency can be declared by invoking which Article of the Constitution?

[MP Excise Constable, 16 September 2025, Shift 1]

(A) Article 256

(B) Article 378

(C) Article 128

(D) Article 360

Answer: (D) Article 360

Explanation: Article 360 authorizes a Financial Emergency if the President considers India’s financial stability or credit endangered. Both Houses of Parliament must approve the proclamation within two months; after valid approval, no fixed maximum duration is prescribed.

48. Under which Article can the President declare a National Emergency?

[SSC Stenographer, 6 August 2025, Shift 1]

(A) Article 360

(B) Article 356

(C) Article 352

(D) Article 365

Answer: (C) Article 352

Explanation: Article 352 deals with a National Emergency caused by war, external aggression or armed rebellion, including imminent danger. A written Union Cabinet decision is required, and parliamentary approval must follow within the prescribed constitutional period.

47. Arrange these constitutional provisions in the correct Article-wise order: A. Failure of constitutional machinery in a State; B. Proclamation of Emergency; C. Financial Emergency; D. Suspension of Article 19 during Emergency.

[UGC NET Law, 25 June 2025, Shift 2]

(A) B, A, D, C

(B) A, B, C, D

(C) B, C, D, A

(D) D, A, B, C

Answer: (A) B, A, D, C

Explanation: The correct sequence follows Article 352 for a National Emergency, Article 356 for President’s Rule, Article 358 for provisions concerning Article 19, and Article 360 for Financial Emergency. Their ascending numerical order yields B–A–D–C.

46. When was President’s Rule first imposed in Uttarakhand?

[UKPSC Lower PCS Prelims, 11 May 2025]

(A) 20 March 2016

(B) 26 March 2016

(C) 25 March 2016

(D) 27 March 2016

Answer: (D) 27 March 2016

Explanation: President’s Rule was imposed in Uttarakhand on 27 March 2016 during a political crisis involving the Harish Rawat government. The central proclamation under Article 356 subsequently faced judicial challenge and became a significant federalism controversy.

45. During a National Emergency, Parliament may extend a State Legislative Assembly’s term for how long at a time?

[SSC GD Constable, 20 February 2025, Shift 3]

(A) Up to one month

(B) Up to nine months

(C) Up to one year

(D) Up to six months

Answer: (C) Up to one year

Explanation: Article 172 permits Parliament to extend a State Assembly’s term by legislation for up to one year at a time while a National Emergency operates. No such extension may continue beyond six months after the Emergency ends.

44. Which type of Emergency is declared under Article 360 of the Constitution?

[SSC MTS, 8 October 2024, Shift 3]

(A) State Emergency

(B) Financial Emergency

(C) National Emergency

(D) Constitutional Emergency

Answer: (B) Financial Emergency

Explanation: Article 360 concerns a Financial Emergency rather than political breakdown in a state or external threats to national security. It enables Union directions on financial propriety and may affect government salaries and financial legislation.

43. Under which Article can the President proclaim a National Emergency?

[UP Police Constable Re-examination, 31 August 2024, Shift 2]

(A) Article 356

(B) Article 370

(C) Article 352

(D) Article 360

Answer: (C) Article 352

Explanation: National Emergency is governed by Article 352 in Part XVIII. It can be declared where security is threatened by war, external aggression or armed rebellion. Articles 356 and 360 regulate State constitutional failure and financial emergencies respectively.

42. President’s Rule was first imposed in which of the following States?

[UGC NET Public Administration, 22 August 2024]

(A) Kerala

(B) Punjab

(C) Madras

(D) Mysore

Answer: (B) Punjab

Explanation: President’s Rule was first imposed in Punjab in June 1951, under Article 356. The provision allows direct Union administration where a state government cannot be carried on constitutionally, but it remains subject to legislative and judicial safeguards.

41. The term “Cabinet” is expressly mentioned in which Article of the Constitution?

[MPPSC Assistant Professor (Political Science), 4 August 2024, Paper II]

(A) Article 74

(B) Article 75

(C) Article 352

(D) The term is not mentioned in the Constitution

Answer: (C) Article 352

Explanation: Article 352(3) explicitly refers to the Union Cabinet, meaning the Prime Minister and Cabinet-rank ministers under Article 75. Written Cabinet communication must reach the President before a National Emergency proclamation can be issued.

40. When was the first National Emergency imposed in India?

[Bihar D.El.Ed, 3 April 2024, Shift 2]

(A) 1952

(B) 1962

(C) 1965

(D) 1972

Answer: (B) 1962

Explanation: India’s first National Emergency was proclaimed in October 1962 during the conflict with China. It was invoked on the ground of external aggression and continued for several years, ending in January 1968.

39. Which pair of Fundamental Rights cannot be suspended during an Emergency?

[Delhi Police Constable (Executive), 29 November 2023, Shift 1]

(A) Articles 29–30

(B) Articles 17–18

(C) Articles 20–21

(D) Articles 31–32

Answer: (C) Articles 20–21

Explanation: Article 20 protects individuals against retrospective criminal punishment, double jeopardy and compelled self-incrimination. Article 21 safeguards life and personal liberty. The 44th Amendment excluded both from Presidential suspension-of-enforcement orders under Article 359.

38. Which group of Articles contains the Emergency Provisions of the Indian Constitution?

[SSC CHSL Tier-I, 9 August 2023, Shift 2]

(A) Articles 352 to 360

(B) Articles 309 to 312

(C) Articles 343 to 351

(D) Articles 330 to 342

Answer: (A) Articles 352 to 360

Explanation: Part XVIII of the Constitution spans Articles 352–360. It covers National Emergency, the Union’s duties and emergency powers, President’s Rule in states, the operation of certain Fundamental Rights and Financial Emergency.

37. Which statements on National Emergency are correct?
1. It may be proclaimed when security is threatened by war, external aggression or armed rebellion.
2. The Union may direct a State on any matter.
3. State legislatures are not suspended merely by the proclamation.
4. Continuation requires approval of both Houses every six months.

[UPSC CAPF (Assistant Commandants), Paper I, 2023]

(A) 1 only

(B) 1 and 2 only

(C) 1, 2 and 3 only

(D) 1, 2, 3 and 4

Answer: (D) 1, 2, 3 and 4

Explanation: All four statements describe the constitutional operation of National Emergency. Executive direction expands, parliamentary powers increase and State legislatures remain in existence. After initial approval, a proclamation continues for six-month periods only with renewed parliamentary approval.

36. In which year was President’s Rule first imposed in Bihar?

[Bihar Police Prohibition SI, 16 July 2023 (Memory-Based Paper)]

(A) 1968

(B) 1965

(C) 1970

(D) 1969

Answer: (A) 1968

Explanation: Bihar first came under President’s Rule in 1968 after political instability undermined the state government. Article 356 allows such intervention when constitutional governance fails, subject to approval by Parliament and scrutiny by the courts.

35. How many times has President’s Rule been imposed in Madhya Pradesh?

[MPPSC State Services Prelims 2022, held 21 May 2023, GS Paper I]

(A) One

(B) Two

(C) Three

(D) Four

Answer: (C) Three

Explanation: Madhya Pradesh experienced President’s Rule in 1977, 1980 and 1992–1993. Article 356 authorizes intervention when state government cannot function according to constitutional requirements. This question concerns the state’s historical count, not the maximum duration.

34. Which is NOT a ground for proclaiming Emergency under Article 352?

[Karnataka State Police Reserve SI, 8 January 2023, Paper II]

(A) Armed rebellion

(B) Communal violence

(C) War

(D) External aggression

Answer: (B) Communal violence

Explanation: Article 352 specifies war, external aggression and armed rebellion. Communal violence alone is not an independent constitutional ground for National Emergency. The earlier phrase internal disturbance was replaced by armed rebellion through the 44th Amendment.

33. President’s Rule can be extended for a maximum period of how many months?

[Odisha Police SI, 30 October 2022, Paper II]

(A) 6 months

(B) 12 months

(C) 24 months

(D) 36 months

Answer: (D) 36 months

Explanation: Under Article 356, President’s Rule may reach three years, or 36 months, subject to parliamentary renewals every six months. Extensions beyond one year require constitutionally prescribed circumstances and Election Commission certification about assembly elections.

32. Among the following States, which has experienced President’s Rule the greatest number of times?

[UPSC CDS II, 4 September 2022, General Knowledge]

(A) Bihar

(B) Karnataka

(C) Manipur

(D) Punjab

Answer: (C) Manipur

Explanation: Manipur had experienced President’s Rule ten times by the date relevant to this question, exceeding the other listed states. Article 356 is used when state constitutional governance breaks down, rather than as an ordinary administrative device.

31. Which of these is NOT one of the three constitutional types of Emergency?

[RRB Group D, 17 August 2022, Shift 1]

(A) Article 352 – National Emergency

(B) Article 356 – President’s Rule in a State

(C) Article 358 – Public Health Emergency

(D) Article 360 – Financial Emergency

Answer: (C) Article 358 – Public Health Emergency

Explanation: India recognizes three emergency categories: National Emergency under Article 352, President’s Rule under Article 356 and Financial Emergency under Article 360. Article 358 regulates the operation of Article 19 during certain National Emergencies; it creates no health emergency.

30. Financial Emergency can be declared under which Article of the Constitution?

[RRB NTPC CBT-II (Level 2), 16 June 2022, Shift 2]

(A) Article 356

(B) Article 359

(C) Article 360

(D) Article 352

Answer: (C) Article 360

Explanation: Article 360 authorizes the President to proclaim a Financial Emergency if the financial stability or credit of India or its territory is threatened. Despite past economic crises, this constitutional proclamation has not been used.

29. The President may proclaim a National Emergency on the written advice of whom?

[WBCS Mains 2021, held May 2022, Paper V]

(A) Speaker of Lok Sabha

(B) Prime Minister alone

(C) Chief Justice of India

(D) Union Cabinet

Answer: (D) Union Cabinet

Explanation: A National Emergency proclamation requires a written decision of the Union Cabinet, rather than advice by the Prime Minister alone. This safeguard is set out in Article 352(3) following the 44th Constitutional Amendment.

28. Article 352 of the Indian Constitution relates to which subject?

[WBCS Mains 2021, held May 2022, Paper V]

(A) Centre–State relations

(B) Supreme Court jurisdiction

(C) State Emergency

(D) National Emergency

Answer: (D) National Emergency

Explanation: Article 352 governs National Emergency when war, external aggression or armed rebellion threatens the country’s security. State Emergency or President’s Rule falls under Article 356, and Financial Emergency under Article 360.

27. Which type is NOT mentioned as an Emergency in the Constitution of India?

[UPSC CDS I, 10 April 2022, General Knowledge]

(A) National Emergency

(B) State Emergency through President’s Rule

(C) Financial Emergency

(D) Health Emergency

Answer: (D) Health Emergency

Explanation: Part XVIII recognizes National Emergency, constitutional failure in states and Financial Emergency. The Constitution does not establish a separate category named Health Emergency, although epidemics may be addressed through ordinary legislative and executive powers.

26. Article ______ of the Constitution deals with “Proclamation of Emergency.”

[SSC MTS 2020 cycle, held 2 November 2021, Shift 1]

(A) 235

(B) 352

(C) 325

(D) 253

Answer: (B) 352

Explanation: Article 352 empowers the President to proclaim a National Emergency when the security of India or part of its territory is threatened by war, external aggression or armed rebellion, subject to strict constitutional safeguards.

25. In 1959, the Union Government assumed administration of Kerala under which Article?

[SSC CHSL 2020 cycle, held 12 April 2021, Shift 3]

(A) Article 352

(B) Article 360

(C) Article 349

(D) Article 356

Answer: (D) Article 356

Explanation: Kerala’s elected government headed by E. M. S. Namboodiripad was dismissed in 1959, and President’s Rule was imposed under Article 356. This is a State constitutional emergency, not a National or Financial Emergency.

24. Who is empowered to declare State Emergency when a State cannot be governed constitutionally?

[RRB NTPC CBT-I, 12 March 2021, Shift 1]

(A) President of India

(B) Chief Justice of the High Court

(C) Governor of the State

(D) Attorney General of India

Answer: (A) President of India

Explanation: Under Article 356, the President proclaims President’s Rule when constitutional administration of a state becomes impossible. The Governor may supply a report, but it is the President who issues the proclamation under the Constitution.

23. Who was the President of India when the 1975 Emergency was proclaimed?

[SSC JE Mechanical, 28 October 2020, Evening]

(A) Giani Zail Singh

(B) B. D. Jatti

(C) Fakhruddin Ali Ahmed

(D) Zakir Husain

Answer: (C) Fakhruddin Ali Ahmed

Explanation: President Fakhruddin Ali Ahmed issued the June 1975 National Emergency proclamation under Article 352, on advice from Prime Minister Indira Gandhi. At that time internal disturbance was still a constitutional ground, which the 44th Amendment later replaced.

22. Which Article of the Constitution contains the provision for a Financial Emergency?

[SSC CHSL, 18 March 2020, Shift 1]

(A) Article 365

(B) Article 356

(C) Article 360

(D) Article 330

Answer: (C) Article 360

Explanation: Article 360 addresses threats to India’s financial stability or credit. The resulting proclamation requires parliamentary approval and may empower directions relating to financial propriety, salaries and consideration of State financial bills.

21. When an Emergency proclamation operates, which Fundamental Rights remain protected from an order suspending enforcement?

[UPSC CDS, 3 February 2019, General Knowledge]

(A) Articles 20 and 21

(B) Articles 21 and 22

(C) Articles 19 and 20

(D) Articles 15 and 16

Answer: (A) Articles 20 and 21

Explanation: The 44th Amendment made Articles 20 and 21 non-suspendable for the purposes of Article 359. These provisions protect against certain criminal-law abuses and secure life and personal liberty even during National Emergency.

20. If the President exercises Article 356 powers over a State, which consequence follows?

[UPSC CSE Prelims 2018, General Studies Paper I]

(A) The State Assembly automatically dissolves

(B) The State Legislature’s powers become exercisable by or under Parliament’s authority

(C) Article 19 automatically stands suspended in the State

(D) The President alone receives unrestricted legislative power

Answer: (B) The State Legislature’s powers become exercisable by or under Parliament’s authority

Explanation: Article 356 allows the functions of state government to be assumed and legislative authority to pass to Parliament or authorities it authorizes. State Assemblies are not automatically dissolved, and President’s Rule does not independently suspend Article 19.

19. Article 352 of the Constitution of India contains provisions relating to which of the following?

[UPSC NDA, 9 September 2018, General Ability Test]

(A) Financial Emergency

(B) Failure of constitutional machinery in States

(C) Suspension of enforcement of Part III rights

(D) General Emergency

Answer: (D) General Emergency

Explanation: Article 352 concerns what is commonly called a National or General Emergency, involving threats arising from war, external aggression or armed rebellion. Financial Emergency belongs to Article 360; President’s Rule belongs to Article 356.

18. On which date was the 1975 Emergency proclaimed on the ground of internal disturbance?

[RAS/RTS Prelims 2018]

(A) 26 October 1962

(B) 3 December 1971

(C) 25 June 1975

(D) 26 June 1975

Answer: (C) 25 June 1975

Explanation: The proclamation was signed on 25 June 1975, although news of the Emergency became widely known on 26 June. The proclamation invoked the then-existing ground of internal disturbance and continued until March 1977.

17. Which Amendment replaced “internal disturbance” with “armed rebellion” in Article 352?

[MPPSC Forest Service Mains 2018, General Studies]

(A) 42nd Amendment

(B) 44th Amendment

(C) 48th Amendment

(D) 52nd Amendment

Answer: (B) 44th Amendment

Explanation: The 44th Constitutional Amendment Act of 1978 narrowed the grounds for National Emergency by replacing internal disturbance with armed rebellion. This reduced the discretion to declare an Emergency solely on vaguely defined internal unrest.

16. Which consequences are NOT necessary when President’s Rule is proclaimed in a State?
1. Dissolution of State Assembly;
2. Removal of Council of Ministers;
3. Dissolution of local bodies.

[UPSC CSE Prelims 2017, General Studies Paper I]

(A) 1 and 2 only

(B) 1 and 3 only

(C) 2 and 3 only

(D) 1, 2 and 3

Answer: (B) 1 and 3 only

Explanation: President’s Rule entails removal of the elected State Council of Ministers, but the Assembly may remain suspended rather than dissolved. Local self-government institutions are not necessarily dissolved merely because Article 356 is invoked.

15. Which set correctly describes Article 352 Emergency?
i. Proclaimed by President;
ii. approval in two months;
iii. approval in one month;
iv. simple majority for approval;
v. two-thirds of members present and voting for approval;
vi. revocation through simple-majority resolution;
vii. two-thirds majority for revocation;
viii. joint sitting for approval.

[Chhattisgarh PSC Prelims 2017]

(A) i, ii, iv, viii

(B) i, iii, vi, viii

(C) i, iii, v, vi

(D) i, iv, vii, viii

Answer: (C) i, iii, v, vi

Explanation: A National Emergency is proclaimed by the President and requires parliamentary approval within one month. Approval requires a special majority, including two-thirds of those present and voting. Lok Sabha can trigger discontinuance through a simple-majority resolution.

14. Under Article 352, Emergency may be proclaimed when security is threatened by which grounds?
1. War;
2. External aggression;
3. Armed rebellion;
4. Internal disturbance.

[UPPCS Mains 2017]

(A) 1 and 2 only

(B) 2, 3 and 4

(C) 1, 2 and 3

(D) 1, 3 and 4

Answer: (C) 1, 2 and 3

Explanation: War, external aggression and armed rebellion are the three current grounds in Article 352. Internal disturbance was removed from this provision by the 44th Amendment because its wide meaning raised risks of misuse.

13. Which of the following is NOT a valid ground for declaring a National Emergency in India?

[UPPCS Mains 2016]

(A) War

(B) External attack

(C) Threat to internal peace

(D) Armed rebellion

Answer: (C) Threat to internal peace

Explanation: National Emergency is permitted only for war, external aggression or armed rebellion, including imminent danger. A generalized threat to internal peace does not itself satisfy Article 352 after the changes introduced by the 44th Amendment.

12. Emergency under Article 352 may be proclaimed only in which circumstances?

[UPSC NDA, 2015, General Ability Test]

(A) War, external aggression or internal disturbance

(B) War, external aggression or armed rebellion

(C) Failure of constitutional machinery in a State

(D) Financial instability in the country

Answer: (B) War, external aggression or armed rebellion

Explanation: Article 352 sets out the grounds for National Emergency as war, external aggression and armed rebellion. State constitutional failure is governed by Article 356, while threats to financial stability are dealt with by Article 360.

11. How many kinds of emergencies are provided for under the Indian Constitution?

[UPPCS Mains 2014]

(A) Two

(B) Three

(C) Four

(D) One

Answer: (B) Three

Explanation: The Constitution recognizes National Emergency under Article 352, President’s Rule following a breakdown of State constitutional machinery under Article 356, and Financial Emergency under Article 360. Their triggers, approval procedures and legal consequences differ.

10. Regarding Article 356, identify the correct statements:
(i) Constitutional failure is an objective reality;
(ii) proclamation is judicially reviewable;
(iii) State Assembly may be dissolved immediately with proclamation;
(iv) each House must approve it within two months.

[RAS/RTS Prelims 2013]

(A) (i), (ii) and (iv) only

(B) (i), (ii) and (iii) only

(C) (iii) and (iv) only

(D) (ii), (iii) and (iv) only

Answer: (A) (i), (ii) and (iv) only

Explanation: Judicial review of an Article 356 proclamation is recognized, notably in S. R. Bommai. Parliamentary approval is normally required within two months. Permanent Assembly dissolution should await parliamentary approval, making the unqualified third statement incorrect.

9. A National Emergency may be proclaimed when there is a threat from which circumstances?
1. External aggression;
2. Internal disturbance;
3. Armed rebellion;
4. Communal clashes.

[UPPCS Mains 2010]

(A) 1 and 2 only

(B) 2 and 3 only

(C) 3 and 4 only

(D) 1 and 3 only

Answer: (D) 1 and 3 only

Explanation: External aggression and armed rebellion are specific National Emergency grounds under Article 352; war is the third statutory ground. Internal disturbance and communal clashes are not themselves included after the 44th Constitutional Amendment.

8. Which pair of Fundamental Rights cannot be suspended under Article 359 during an Emergency?

[UPPCS Mains 2009]

(A) Articles 20 and 21

(B) Articles 14 and 15

(C) Articles 16 and 17

(D) Articles 24 and 25

Answer: (A) Articles 20 and 21

Explanation: Article 359 permits suspension of the right to approach courts for enforcement of specified rights during a National Emergency, but expressly excludes Articles 20 and 21. This protection was strengthened by the 44th Amendment.

7. Under which Article may the President suspend the right to move a court for enforcement of Fundamental Rights other than Articles 20 and 21?

[UPPCS Special Mains 2008]

(A) Article 358

(B) Article 359

(C) Article 13

(D) Article 356

Answer: (B) Article 359

Explanation: Article 359 authorizes a Presidential order temporarily restricting judicial enforcement of specified Fundamental Rights during National Emergency, while excluding Articles 20 and 21. It differs from Article 358, which concerns Article 19 in external emergencies.

6. Consider these Financial Emergency statements:
1. A proclamation lapses after two months unless both Houses approve it.
2. The President may reduce Union employees’ salaries but cannot reduce the salaries of Supreme Court or High Court judges.

Which is correct?

[UPSC CSE Prelims 2007]

(A) 1 only

(B) 2 only

(C) Both 1 and 2

(D) Neither 1 nor 2

Answer: (A) 1 only

Explanation: Parliament must approve a Financial Emergency proclamation within two months, making statement one correct. Article 360 also permits directions concerning salaries and allowances of Supreme Court and High Court judges, so the exclusion in statement two is incorrect.

5. Who may extend the term of a State Legislative Assembly during a National Emergency?

[Uttarakhand UDA/LDA Prelims 2007]

(A) President

(B) Parliament

(C) Governor

(D) State Legislature

Answer: (B) Parliament

Explanation: Parliament can extend a State Assembly term by legislation while a National Emergency is operating. Each extension may be for up to one year, and no extension can survive more than six months beyond the Emergency.

4. Within what period must Parliament approve a proclamation of National Emergency?

[UPPCS Prelims 2006]

(A) 14 days

(B) One month

(C) Three months

(D) Six months

Answer: (B) One month

Explanation: Article 352, as revised by the 44th Amendment, ordinarily requires approval by both Houses of Parliament within one month. This replaced the earlier two-month approval window and adds a stronger parliamentary check on Emergency powers.

3. Who described the President’s emergency power as “a fraud with the Constitution”?

[UPPCS Special Mains 2004]

(A) K. M. Munshi

(B) B. N. Rau

(C) K. M. Nambiar

(D) H. N. Kunzru

Answer: (C) K. M. Nambiar

Explanation: K. M. Nambiar is associated with this criticism of the potential misuse of presidential emergency authority. The question highlights longstanding constitutional concerns over extraordinary executive power and the importance of parliamentary accountability and judicial review.

2. Which Article states that it is the duty of the Union to protect every State from external aggression and internal disturbance?

[UPSC CSE Prelims 2003]

(A) Article 215

(B) Article 275

(C) Article 325

(D) Article 355

Answer: (D) Article 355

Explanation: Article 355 obliges the Union to protect States against external aggression and internal disturbance and to ensure constitutional governance. This constitutional duty differs from Article 356, which governs intervention following failure of State machinery.

1. Under Article 352, National Emergency may be proclaimed in which situation?

[UP UDA/LDA Prelims 2002]

(A) Failure of constitutional machinery in a State

(B) Invasion alone, without another specified ground

(C) Internal disturbance alone

(D) War, external aggression or armed rebellion

Answer: (D) War, external aggression or armed rebellion

Explanation: Article 352 confines National Emergency to war, external aggression or armed rebellion, including an imminent threat. Failure of constitutional machinery is governed by Article 356, and ordinary internal disturbance is no longer an independent ground.

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