1. Under which Article of the Constitution it is the responsibility of the Indian Government to protect States from external aggression and internal disturbance?
(a) Article 355
(b) Article 356
(c) Article 352
(d) Article 360
[U.P.P.C.S. (Pre) 2001]
Ans. (a) Article 355
- Article 352 states that if the President determines that a serious crisis exists, endangering the security of India or any part of its territory due to war, external aggression, or armed rebellion, the President can issue a Proclamation declaring a state of Emergency.
- According to Article 355, it is the responsibility of the Union to safeguard the states against external aggression and internal disturbances.
- Article 356 explains that if the President, based on a report from the State Governor or other sources, is convinced that a situation has arisen where the State government cannot function according to the provisions of the Constitution, then the President can declare the State under the rule of the President (President’s Rule).
- Lastly, Article 360 specifies that if the President is convinced that a situation has emerged that poses a threat to the financial stability or credit of India or any part of its territory, the President can issue a Proclamation declaring a state of Financial Emergency.
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2. The President of India may declare a National Emergency if there is the threat of :
1. External aggression
2. Internal disturbances
3. Armed rebellion
4. Communal clashes
Select the correct answer from the code given below:
Code :
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 and 4 only
(d) 1 and 3 only
[U.P.P.C.S. (Mains) 2010, U.P.P.S.C. (GIC) 2010]
Ans. (d) 1 and 3 only
- The President can declare a National Emergency if they feel that India or any part of its area is in danger due to war, foreign attack or armed rebellion.
- This was changed from ‘internal disturbance’ in the 44th Amendment to the Constitution in 1978.
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3. Under Art. 352 of the Constitution of India, an emergency can be declared if security of any part of India is threatened
by –
1. War
2. External aggression
3. Armed rebellion
4. Internal disturbance
Select the correct answer from the codes given below:
Codes :
(a) 1 and 2 only
(b) 2, 3 and 4
(c) 1, 2 and 3
(d) 1, 3 and 4
[U.P. P.C.S. (Mains) 2017]
Ans. (c) 1, 2 and 3
- The President can declare a National Emergency if they believe the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion.
- The 44th Constitutional Amendment Act, of 1978 replaced the phrase “internal disturbance” with “armed rebellion.”
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4. On which of the following dates President of India, using his powers, declare by proclamation that a grave emergency existed where the security of India was threatened by internal disturbance?
(a) 26 October, 1962
(b) 3 December, 1971
(c) 25 June, 1975
(d) 26 June, 1975
[R.A.S/R.T.S (Pre) 2018]
Ans. (c) 25 June, 1975
- In 1975-1977, India’s Prime Minister Indira Gandhi declared a state of Emergency across the whole country.
- This was approved by the President, Fakhruddin Ali Ahmed, using Article 352 of the Constitution because of issues with ‘internal disturbances’.
- The Emergency lasted from June 1975 until March 1977.
- After this, the Constitution was changed so that it was no longer possible to declare a National Emergency because of ‘internal disturbances’, like it was done in 1975.
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5. Which one of the following is not a basis to declare a National Emergency in India?
(a) War
(b) External attack
(c) Threat to internal peace
(d) Armed rebellion
[U.P.P.C.S. (Mains) 2016]
Ans. (c) Threat to internal peace
- In 1975, Prime Minister Indira Gandhi declared a state of emergency across the country.
- This emergency lasted for 21 months until 1977.
- President Fakhruddin Ali Ahmed declared it under Article 352 of the Constitution, because of “internal disturbances”.
- Later, the 44th Amendment Act of 1978 changed the wording of the Constitution from ‘internal disturbances’ to ‘armed rebellion’, meaning a National Emergency can no longer be declared for internal disturbances, as was done in 1975.
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6. Which one of the following cannot be the ground for a Proclamation of Emergency under the Constitution of India?
(a) War
(b) External aggression
(c) Armed rebellion
(d) Internal disturbance
[U.P.R.O./A.R.O. (Pre) 2016]
Ans. (d) Internal disturbance
- For 21 months from 1975 to 1977, Indira Gandhi declared a state of Emergency across India.
- This was approved by President Fakhruddin Ali Ahmed using Article 352 of the Constitution because there were ‘internal disturbances’.
- The Emergency lasted from 25 June 1975 until it was ended on 21 March 1977.
- To improve this law, the 44th Amendment Act of 1978 changed ‘internal disturbances’ to ‘armed rebellion’, so it is no longer possible to declare a National Emergency in the way it was done in 1975.
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7. According to which Article ‘National Emergency may be declared by the president of India?
(a) Article 352
(b) Article 370
(c) Article 371
(d) Article 395
[53rd to 55th B.P.S.C. (Pre) 2011]
Ans. (a) Article 352
- Indira Gandhi was the Prime Minister of India from 1975 to 1977 and during this time, she declared a state of Emergency across the country.
- This period was known as the Emergency and it was officially declared by the President of India, Fakhruddin Ali Ahmed, using Article 352 of the Constitution to address the “internal disturbances” that were occurring.
- This state of Emergency lasted from June 25, 1975, until it was lifted on March 21, 1977.
- The 44th Amendment Act of 1978 changed the phrase ‘internal disturbances’ to ‘armed rebellion’ so that it’s not possible to declare a National Emergency in the same way it was done in 1975.
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8. Under which of the following circumstances can the President declare an Emergency?
1. External Aggression
2. Internal Disturbances
3. Failure of the Constitutional Machinery in States
4. Financial Crisis
Chose the correct answer from the codes given below –
(a) 1, 2 and 3
(b) 1, 3, and 4
(c) 2, 3 and 4
(d) 1, 2, and 4
[U.P.P.C.S. (Mains) 2007]
Ans. (b) 1, 3, and 4
- The President can declare a National Emergency if there is a war, attack from another country, or armed rebellion, according to Article 352.
- Article 356 allows the President to take control of a State if the Constitution isn’t working properly, and Article 360 allows them to declare a financial emergency if there is an economic crisis.
- However, the President can only declare a National Emergency under the conditions listed in Article 352.
- Therefore, option (b) is the best answer.
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9. What is correct about external emergencies as per Article 352?
i. It is proclaimed by the President.
ii. It should be approved by Parliament within two months.
iii. It should be approved by Parliament within one month.
iv. It should be approved by Parliament by a simple majority.
v. It should be approved by Parliament by a 2/3 majority.
vi. It can be revoked by a simple majority of Parliament.
vii. It can be revoked by a 2/3 majority of Parliament.
viii. It can be approved in the joint session of Parliament.
(a) i ii iv viii
(b) i iii vi viii
(c) i iii v vi
(d) i iv vii viii
(e) None of the above
[Chhattisgarh P.C.S. (Pre) – 2017]
Ans. (c) i iii v vi
- The President can use Article 352 to declare a National Emergency.
- Parliament must approve it within one month. It used to be two months, but the 44th Amendment Act of 1978 changed that.
- To approve the proclamation or keep it going, two-thirds of the members present and voting must agree.
- It can be ended by a simple majority.
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10. According to Article 352 of the Constitution, the National Emergency can be declared in which among the following circumstances?
(a) The failure of the Constitutional machinery
(b) Invasion
(c) Internal disturbance
(d) War, external aggression, or armed rebellion
[U.P.U.D.A./L.D.A. (Pre) 2002]
Ans. (d) War, external aggression, or armed rebellion
- The President can use Article 352 to declare a National Emergency.
- This needs to be approved by both houses of Parliament within a period of one month.
- This was changed from two months to one month in 1978.
- When voting on whether to approve the Proclamation or to keep it going, it needs to have two-thirds of the members present and voting.
- The National Emergency can be canceled with a majority vote.
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11. Under which of the following articles the President of India can suspend the enforcement of Fundamental Rights (except Articles 20, and 21)?
(a) Article 358
(b) Article 359
(c) Article 13
(d) Article 356
[U.P.P.C.S. (Spl) (Mains) 2008]
Ans. (b) Article 359
- The Indian Constitution’s Article 359 allows the President of India to stop people from using the rights given to them in Part III (except for Articles 20 and 21).
- The President can also make an order to stop people from using the rights given in Part III (except 20 and 21).
- According to the 44th Amendment, Article 19 will be suspended if any part of India is in danger of war or attack from another country.
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12. Which one among the following pairs of Articles relating to Fundamental Rights cannot be suspended during the enforcement of Emergency under Article 359 of the Indian Constitution?
(a) Articles 20 and 21
(b) Articles 14 and 15
(c) Articles 16 and 17
(d) Articles 24 and 25
[U.P.P.C.S. (Mains) 2009]
Ans. (a) Articles 20 and 21
- The President of India can stop people from using the rights given in Part III of the Indian Constitution, except for Articles 20 and 21
- . The President can also suspend the right to take any court action to enforce these rights.
- After the 44th Amendment, if the country is in danger of war or aggression, Article 19 will be suspended.
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13. Mainly on whose advice the President’s Rule is imposed in the State?
(a) Chief Minister
(b) Legislative Assembly
(c) Governor
(d) Chief Justice of the High Court
[45th B.P.S.C. (Pre) 1997]
Ans. (c) Governor
- The President has the power to take control of a State under Article 356, based on a suggestion from the Governor of the State.
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14. Match List-I with List-II and choose the correct answer from the codes given below :
| List-I |
List – II |
| (State) |
(No. of times President Rule has been imposed till 2019) |
| (a) Manipur |
(i) 8 |
| (b) Uttar Pradesh |
(ii) 10 |
| (c) Bihar |
(iii) 9 |
| (d) Odisha |
(iv) 6 |
Codes :
(a) (b) (c) (d)
(A) (iii) (ii) (i) (iv)
(B) (ii) (iii) (i) (iv)
(C) (i) (ii) (iii) (iv)
(D) (iv) (ii) (iii) (i)
[Chhattisgarh P.C.S. (Pre) 2020]
Ans. (B) (ii) (iii) (i) (iv)
- Article 356 of the Constitution of India is derived from section 93 of the Government of India Act, 1935.
- The imposition of the President’s Rule can occur when there is a breakdown of the constitutional machinery in a state.
- There are two scenarios in which this can happen:
- If the President receives a report from the Governor of a state stating that the state’s situation is such that the state government is unable to function in accordance with the provisions of the Constitution.
- According to Article 365, President’s Rule can be imposed if a state fails to comply with the directions given by the Union on matters within its jurisdiction.
- It is worth noting that the President’s Rule has been imposed multiple times, with Manipur experiencing it 10 times, Uttar Pradesh 9 times, Bihar 8 times, and Odisha 6 times.
- Hence, the correct answer is option (b)
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15. In which of the following States there is no provision for the imposition of Governor’s Rule?
(a) Manipur
(b) Mizoram
(c) Meghalaya
(d) Jammu and Kashmir
[U.P. Lower Sub. (Pre) 2015]
Ans. (*)
- The Indian Constitution’s Article 356 allows the President of India to take control of a state if its government isn’t able to function properly.
- For Jammu and Kashmir (which had a special status due to Article 370), there was an extra step of Governor’s Rule.
- However, ‘The Jammu and Kashmir Reorganisation Act, 2019’ removed this special status, making Jammu and Kashmir a Union Territory.
- There isn’t an option for Governor Rule for Manipur, Mizoram, and Meghalaya.
- The U.P. Commission didn’t answer this question.
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16. 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:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
[I.A.S. (Pre) 2017]
Ans. (b) 1 and 3 only
- If the constitutional system of a state fails, the President of India can take control, according to Article 356 of the Constitution.
- The Governor then takes away the government and runs the state with the help of the State Secretary.
- The President can end the legislative Assembly, but it is not necessary to do so.
- The local governments are not affected when the President takes over.
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17. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
(a) The Assembly of the State is automatically dissolved.
(b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
(c) Article 19 is suspended in that State.
(d) The President can make laws relating to that State.
[I.A.S. (Pre.) 2018]
Ans. (b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
- The President’s Rule can be declared for two reasons as stated in Article 356 and Article 365.
- During the President’s Rule, the state government is removed and the State’s legislature is either stopped or dissolved.
- This has no effect on the rights of citizens.
- The Parliament can give the President or any other authority the power to make laws for the state.
- The President can make laws by issuing an ordinance, but it must be approved by the legislature.
- So option (b) is the right answer.
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18. Consider the following statements regarding Article 356 of the Constitution:
(i) Failure of Constitutional Machinery in States is an objective reality.
(ii) A Proclamation under this Article can be reviewed by the Supreme Court.
(iii) Along with this Proclamation, the State Legislative Assembly can be dissolved.
(iv) This Proclamation has to be approved by each House of Parliament within two months.
Which of the statement/s given above is/are correct?
(a) (i), (ii), and (iv) only
(b) (i), (ii), and (iii) only
(c) (iii) and (iv) only
(d) (ii), (iii), and (iv) only
[R.A.S./R.T.S.(Pre) 2013]
Ans. (a) (i), (ii), and (iv) only
- The Supreme Court said that the Proclamation of Emergency under Article 356 can be checked by the court and the State Assembly cannot be dissolved until it is approved by both Houses of Parliament within two months.
- The Court also ruled that the breakdown of the Constitution must be real, not fake.
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19. Which one of the following is the time limit for the ratification of an Emergency period by the Parliament?
(a) 14 days
(b) 1 month
(c) 3 months
(d) 6 months
[U.P.P.C.S. (Pre) 2006]
Ans. (b) 1 month
- The government must tell both Houses of Parliament about any proclamation made under Article 352.
- The proclamation will expire after one month unless both Houses of Parliament approve it before then.
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20. Who said, “The emergency power of the President is a fraud with the Constitution”?
(a) K.M. Munshi
(b) B.N. Rao
(c) K.M. Nambiar
(d) H.N. Kunjaru
[U.P.P.C.S. (Spl) (Mains) 2004]
Ans. (c) K.M. Nambiar
- K. M. Nambiar said that the President’s emergency power was a deceitful use of the Constitution.
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21. 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 the Supreme Court and the High Courts.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
[I.A.S. (Pre) 2007]
Ans. (a) 1 only
- The President can declare a financial emergency under Article 360 if they believe the financial stability or credit of India or any part of its territory is at risk.
- This proclamation will last two months unless it is approved by Parliament.
- Statement 1 is correct.
- During this emergency, the President can direct states to reduce the salaries and allowances of people serving in the state, and can even issue directions to reduce the salaries and allowances of Judges of the High Courts and Supreme Court.
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22. Which one of the following Articles of the Indian Constitution has not so far been used?
(a) Article 60
(b) Article 352
(c) Article 356
(d) Article 360
[U.P. Lower Sub. (Mains) 2015]
Ans. (d) Article 360
- So far the Indian Constitution’s Article 360, which talks about a financial emergency, has not been put into use in India.
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23. How many times has a Financial Emergency been declared in India so far?
(a) 5 times
(b) 4 times
(c) Once
(d) Never
[U.P.P.C.S. (Pre) 2006]
Ans. (d) Never
- India has never declared a financial emergency under Article 360.
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24. How many types of emergencies have been envisaged under the Indian Constitution?
(a) Two
(b) Three
(c) Four
(d) One
[U.P.P.C.S. (Mains) 2009, 2014]
Ans. (b) Three
- The Indian Constitution recognizes three kinds of Emergencies:
- National Emergency under Article 352
- State emergency declared on the failure of Constitutional machinery in a State under Article 356
- Financial emergency under Article 360
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25. During National Emergency the term of the House of People –
(a) Cannot be extended.
(b) Can be extended till the Emergency lasts.
(c) Can be extended for one year only.
(d) Can be extended till the Emergency lasts but only by one year at a time.
[U.P.P.S.C. (GIC) 2010]
Ans. (d) Can be extended till the Emergency lasts but only by one year at a time.
- When a National Emergency is declared, the time of the Lok Sabha can be extended by the Parliament for up to a year in total.
- But, this time frame cannot be longer than 6 months after the National Emergency is over.
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26. President’s Rule can be imposed for a maximum period of –
(a) 1 year
(b) 2 years
(c) 6 months
(d) 3 years
[U.P.P.C.S. (Pre) 1992]
Ans. (d) 3 years
- The 44th Amendment Act of 1978 set a time limit for Proclamations made under Article 356 of one year.
- If a Proclamation of Emergency under Article 352 is happening and the Election Commission says elections for the state’s Legislative Assembly cannot happen right away, then the Proclamation can be extended for up to three years by resolutions passed by both Houses of Parliament.
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27. Under Article 356 of the Constitution of India, President’s Rule was imposed for the first time in –
(a) Uttar Pradesh
(b) Travancore-Cochin
(c) PEPSU
(d) Bihar
[U.P.P.C.S. (Mains) 2010]
Ans. (c) PEPSU
- In 1951, the President’s Rule was applied for the first time in the former Punjab state, and again in 1953 in the Patiala and East Punjab States Union (PEPSU).
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28. The term of a State Legislative Assembly can be extended during an Emergency by–
(a) The President
(b) The Parliament
(c) The Governor of the State
(d) The State Legislature
[Uttarakhand U.D.A./L.D.A. (Pre) 2007]
Ans. (b) The Parliament
- The Parliament can legally extend a State Legislative Assembly’s time for up to one year if an Emergency Proclamation is in effect.
- The extension cannot go beyond six months after the Proclamation ends.
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