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TOPIC

Emergency Provisions

2 UPSC Prelims MCQs tagged "Emergency Provisions". Free practice with answer keys, explanations, and timed mock tests on Anantam IAS.

  1. Consider the following statements regarding the effects of ‘Emergency’ in the Indian Constitution:

    Consider the following statements regarding the effects of 'Emergency' in the Indian Constitution:

    1. AOnly 1
    2. BOnly 2
    3. CBoth 1 and 2
    4. DNeither 1 nor 2
    Answer and explanation

    Correct answer: D

    Both statements are flawed → (D). Statement 1 is overbroad: under Article 358 the six freedoms in Article 19 are suspended automatically — by operation of the Constitution, with no presidential order needed — ONLY when the National Emergency is declared on the ground of war or external aggression, not for an emergency on the ground of armed rebellion (post-44th Amendment). A presidential order is what Article 359 requires, and that is to suspend the enforcement of OTHER rights, not Article 19. Statement 2 is also incorrect as worded. So neither statement is correct.
  2. If the President of India exercises his power as provided under Article 356 of…

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

    1. Athe Assembly of the State is automatically dissolved.
    2. Bthe powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
    3. CArticle 19 is suspended in that State.
    4. Dthe President can make laws relating to that State.
    Answer and explanation

    Correct answer: B

    Option A is incorrect: When President's Rule is imposed, the State Assembly is not automatically dissolved. It can either be kept in suspended animation or dissolved later through a separate proclamation.

    Option B is correct: Under President's Rule, the legislative powers of the state legislature are transferred to Parliament, which can make laws for the state during this period. This is in line with Article 356, which allows the President to assume state functions when the constitutional machinery breaks down.

    Option C is incorrect: Article 19, which guarantees fundamental rights such as freedom of speech, movement, and profession, is not automatically suspended under President's Rule. Fundamental rights are only suspended during a national emergency under Article 352, not under Article 356.

    Option D is incorrect: The President does not directly make laws for the state under Article 356. Instead, Parliament exercises legislative powers on behalf of the state during President's Rule.