Emergency provisions of Indian constitution-Test 1
16)
Who was the President of India at the time of proclamation of emergency in the year 1976?
[CDS, 2007]
Answer: Option C
Explanation
The President of India at the time of proclamation of emergency in the year 1976 was Fakhr-ud-din Ali Ahmad. He served as President of India from August 24th, 1974 to February 11th, 1977
Consider the following statements regarding the declaration of Emergency in India :
During Emergency, the Parliament can make laws on the subjects mentioned in the State List.
The Fundamental Rights except the right to Constitutional Remedies are denied to the citizens.
In an Emergency, the normal federal system is modified and the country is governed as if it was a unitary state.
The declaration of Emergency by the President does not need the approval of the Parliament.
Which of these statements are correct?
[ESE, 2001]
Answer: Option C
Explanation
During Emergency, the Parliament is empowered to make laws on the subjects mentioned in the State List. Also during an Emergency, the normal federal system is modified and the country is governed as if it was a unitary state.
The Fundamental Rights under Article 20 and 21 cannot be suspended as per the 44th Amendment Act. While the declaration of Emergency by the President requires approval of both the bouses of the Parliament.
the federal structure of the country is converted into Unitary structure
the right of the citizens to move the court for the enforcement of the Rights contained in Articles 20 and 21 can be suspended
the Lok Sabha can extend its normal life by a year at a time.
Which of these statements is/are correct?
[ESE, 2013]
Answer: Option C
Explanation
In India, during the operation of Emergency, the federal structure of the country is converted into Unitary structure where in all the powers are concentrated in the hands of Central government. Also the life of Lok Sabha may be extended beyon its normal term of five years bya law of parliament for one year at a time (for any length of time)
With regards to the rights of the citizens, six fundamental rights specified under Article 19 stand automatically suspended. According to the 44th Amendment, the rights specified in Article 20 (right to protection in respect of conviction for offences) and Article 21 (right to life and personal liberty) remains enforceable even during emergency.
When was the word "armed rebellion" added to the Constitution to declare a National Emergency?
Answer: Option A
Explanation
In 1978, the term 'internal disturbance' was replaced by the "armed rebellion" by the 44th Constitution Amendment Act. This amendment was made as the reason 'internal disturbance' was misused for declaring national emergency by Indira Gandhi
How soon imposition of National Emergency should be approved by the Parliament?
Answer: Option A
Explanation
Initially, the approval of Parliament should have been done in 2 months but it was reduced to 1 month by 44th Constitution Amendment Act. This amendment was made to avoid the misuse of the emergency provisions.
