Chapter 17 Emergency Provisions

1. Where are the Emergency provisions contained in the Constitution?

2. What is the purpose of these provisions?

3. What happens to the federal structure during an Emergency?

4. What did Dr. B.R. Ambedkar observe about the Indian Constitution’s flexibility during emergencies?

5. What are the three types of emergencies stipulated by the Constitution?

6. What does Article 352 empower the President to do?

7. When can the President declare a National Emergency?

8. What did the 38th Amendment Act of 1975 provide for regarding multiple proclamations of National Emergency?

9. What are the two types of National Emergency based on grounds?

10. What did the 42nd Amendment Act of 1976 enable the President to do regarding the operation of a National Emergency?

11. What was the original third ground for the proclamation of a National Emergency, and what was it replaced with?

12. When can the President proclaim a National Emergency?

13. What did the 44th Amendment Act of 1978 introduce regarding the cabinet’s recommendation?

14. What did the 38th Amendment Act of 1975 make the declaration of a National Emergency immune from?

15. What did the 44th Amendment Act of 1978 do to this provision?

16. What did the Supreme Court hold in the Minerva Mills case (1980) regarding the proclamation of a national emergency?

17. How long does the proclamation of Emergency need to be approved by Parliament?

18. How did the 44th Amendment Act of 1978 change the period allowed for approval?

19. If approved by both Houses, how long does the emergency continue?

20. What did the 44th Amendment Act of 1978 add regarding periodical parliamentary approval?

21. How can a proclamation of emergency be revoked?

22. What did the 44th Amendment Act of 1978 introduce regarding the Lok Sabha’s control over revocation?

23. What are the differences between a resolution of disapproval and a resolution approving continuation?

24. What are the three categories of consequences of a proclamation of Emergency?

25. What happens to the executive power of the Centre during a National Emergency?

26. What happens to the legislative power of a state legislature during a National Emergency?

27. What happens to the laws made by Parliament on state subjects during a National Emergency?

28. What can the President issue ordinances on during a national emergency if Parliament is not in session?

29. What can the Parliament confer powers and impose duties upon the Centre or its officers during a National Emergency?

30. What did the 42nd Amendment Act of 1976 provide for regarding the extension of executive and legislative consequences?

31. What happens to the constitutional distribution of revenues during a National Emergency?

32. How long does such a modification continue?

33. What happens to the life of the Lok Sabha while a proclamation of National Emergency is in operation?

34. How long can this extension continue?

35. What happened to the term of the Fifth Lok Sabha (1971–1977)?

36. What happens to the normal tenure of a state legislative assembly during a national emergency?

37. What articles describe the effect of a National Emergency on the Fundamental Rights?

38. What does Article 358 deal with?

39. What does Article 359 deal with?

40. What happens to the six Fundamental Rights under Article 19 when a proclamation of national emergency is made?

41. What did the 44th Amendment Act of 1978 restrict the scope of Article 358 in two ways?

42. What does Article 359 authorise the president to do regarding the enforcement of Fundamental Rights during a National Emergency?

43. What is suspended under Article 359?

44. What did the 44th Amendment Act of 1978 restrict the scope of Article 359 in two ways?

45. What are the differences between Articles 358 and 359?

46. How many times has National Emergency been proclaimed so far?

47. When was the first proclamation of National Emergency issued, and on what ground?

48. When was the second proclamation of national emergency made, and on what ground?

49. When was the third proclamation of National Emergency made, and on what ground?

50. When were the second and third proclamations revoked?

51. What was the most controversial Emergency declared?

52. What commission did the government appoint to investigate the circumstances of the 1975 Emergency?

53. What did the Shah Commission conclude?

54. What did the 44th Amendment Act of 1978 introduce regarding safeguards against misuse of Emergency provisions?

55. What does Article 355 impose a duty on the Centre to do?

56. What is the popular name for the Centre taking over a state government under Article 356?

57. What are the two grounds for proclaiming President’s Rule under Article 356?

58. How long does a proclamation imposing President’s Rule need to be approved by Parliament?

59. How long does the President’s Rule continue if approved by both Houses?

60. What is the maximum period for which President’s Rule can be extended?

61. What is the majority required for a resolution approving the proclamation of President’s Rule or its continuation?

62. What did the 44th Amendment Act of 1978 introduce to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year?

63. How can a proclamation of President’s Rule be revoked?

64. What are the extraordinary powers the President acquires when President’s Rule is imposed in a state?

65. What happens to the state council of ministers and the chief minister when President’s Rule is imposed?

66. What happens to the state legislative assembly when President’s Rule is imposed?

67. What is the status of a law made by the Parliament or the President or any other specified authority during President’s Rule?

68. What is the Supreme Court’s stance on the President assuming powers vested in the state high court?

69. How many times has the President’s Rule been imposed since 1950?

70. When was the President’s Rule imposed for the first time?

71. What happened in 1977 regarding the imposition of President’s Rule?

72. What happened in 1980 regarding the imposition of President’s Rule?

73. What happened in 1992 regarding the imposition of President’s Rule?

74. What did the Supreme Court uphold in the Bommai case (1994)?

75. What did the Supreme Court not uphold in the Bommai case (1994)?

76. What did Dr. B.R. Ambedkar hope for the drastic power conferred by Article 356?

77. What did H.V. Kamath comment about the status of Article 356?

78. What did the 38th Amendment Act of 1975 make regarding the President’s satisfaction in invoking Article 356?

79. What did the 44th Amendment Act of 1978 do to this provision?

80. What are the propositions laid down by the Supreme Court in the Bommai case (1994) on imposition of President’s Rule?

81. What situations are considered proper for the imposition of President’s Rule in a state according to the Sarkaria Commission report?

82. What situations are considered improper for the imposition of President’s Rule in a state according to the Sarkaria Commission report?

83. What does Article 360 empower the President to do?

84. What did the 38th Amendment Act of 1975 make the satisfaction of the President in declaring a Financial Emergency?

85. What did the 44th Amendment Act of 1978 do to this provision?

86. How long does a proclamation declaring financial emergency need to be approved by Parliament?

87. How long does the Financial Emergency continue once approved?

88. What are the two implications of the Financial Emergency continuing indefinitely?

89. What is the majority required for a resolution approving the proclamation of financial emergency?

90. How can a proclamation of Financial Emergency be revoked?

91. What are the consequences of the proclamation of a Financial Emergency?

92. What happens to the Centre’s control over states during a financial emergency?

93. What did H.N. Kunzru state about the financial emergency provisions?

94. What did Dr. B.R. Ambedkar observe about the financial emergency provisions?

95. Has a Financial Emergency been declared so far in India?

96. What are the criticisms of the Emergency Provisions?

97. What did H.V. Kamath observe about the Emergency Provisions?

98. What did K.T. Shah describe the Emergency Provisions as?

99. What did T.T. Krishnamachari fear about the Emergency Provisions?

100. What did H.N. Kunzru opine about the emergency financial provisions?

101. What did Sir Alladi Krishnaswami Ayyar label the emergency provisions as?

102. What did Mahabir Tyagi opine about the emergency provisions?

103. What did Dr. B.R. Ambedkar accept about the emergency provisions?

104. What does Article 352 deal with?

105. What does Article 353 deal with?

106. What does Article 354 deal with?

107. What does Article 355 deal with?

108. What does Article 356 deal with?

109. What does Article 357 deal with?

110. What does Article 358 deal with?

111. What does Article 359 deal with?

112. What does Article 359A deal with?

113. What does Article 360 deal with?

114. What does Article 352 define the term ‘Cabinet’ as?

115. What case is Minerva Mills vs. Union of India?

116. What was the term of the Fifth Lok Sabha extended to?

117. What did the 42nd Amendment Act of 1976 do to the period of President’s Rule?

118. What did the 44th Amendment Act of 1978 do to the period of President’s Rule?

119. What happened to the President’s Rule imposed in May, 1987 in Punjab?

120. What happens in case of dissolution?

121. What nine states were under President’s Rule in 1977?

122. What nine states were under President’s Rule in 1980?