Indian Constitution Overview

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Questions and Answers

What is a key responsibility of the legislative branch in the context of the Indian government?

Drafting all principal legislation for the Central Government (correct)

Judicial review of laws passed

Solving disputes between states

Interpreting laws and ensuring equality before the law

Which of the following is NOT a type of emergency provided under the Indian Constitution?

National Emergency under Article 352

Judicial Emergency under Article 360 (correct)

Financial Emergency under Article 360

State Emergency under Article 356

What happens to the distribution of powers in India when a National Emergency is declared?

Powers are shared equally between the Union and state governments

Judicial powers increase significantly

Powers are shifted entirely to the Centre, resulting in a unitary system (correct)

Powers remain with the states, maintaining federal structure

What role does the Supreme Court play in the Indian judicial system?

Ensures the adherence to the Constitution and interprets laws Signup and view all the answers

What is commonly referred to as President's rule?

Emergency resulting from the failure of constitutional machinery in states Signup and view all the answers

Which article in the Indian Constitution lays down provisions for National Emergency?

Article 352 Signup and view all the answers

Which of the following does the legislature NOT do?

Provide final verdicts on civil disputes Signup and view all the answers

How does the Supreme Court contribute to conflict resolution between branches of government?

By interpreting laws and resolving disputes Signup and view all the answers

Under what circumstances can a National Emergency be imposed according to Article 352?

War, external aggression, or internal rebellion Signup and view all the answers

What authority does the President have under Article 352 regarding National Emergency?

To act only after written advice from the Union Cabinet Signup and view all the answers

What must happen for a proclamation of National Emergency to remain effective?

It must be placed before Parliament and approved within one month Signup and view all the answers

What did the Minerva Mills vs Union of India case establish regarding the declaration of Emergency?

The President's satisfaction must be based on valid grounds Signup and view all the answers

In what situation can the President revoke a National Emergency?

If the situation improves and is deemed safe Signup and view all the answers

According to the 44th Amendment of the Constitution, how can members of the Lok Sabha respond to a National Emergency?

By requisitioning a meeting to discuss revocation Signup and view all the answers

What is a critical limitation on the President's ability to declare a National Emergency?

It cannot be based on absurd or irrelevant grounds Signup and view all the answers

What condition can lead to the expiration of a National Emergency proclamation?

Parliament's refusal to approve it within one month Signup and view all the answers

What is the maximum duration for which a National Emergency can be initially declared without renewal?

Six months Signup and view all the answers

Under what condition does a National Emergency remain in effect following the dissolution of the Lok Sabha?

It persists until the new Lok Sabha meets and is approved by Rajya Sabha Signup and view all the answers

What majority is required for the renewal of a National Emergency after the 44th amendment in 1978?

Special majority Signup and view all the answers

Which article of the Constitution allows President's Rule to be imposed on a state?

Article 356 Signup and view all the answers

What is the maximum initial duration of President's Rule before it requires parliamentary approval?

Six months Signup and view all the answers

What is a necessary condition for the imposition of President's Rule in a state?

Failure of constitutional machinery Signup and view all the answers

How must the proclamation of President's Rule be approved by Parliament?

By simple majority Signup and view all the answers

What term is used for an emergency imposed by the President when a state fails to comply with central directives?

State Emergency Signup and view all the answers

Under what circumstances can President’s Rule be extended beyond one year?

If the Election Commission certifies the need for extension. Signup and view all the answers

Who carries out the administration of the state during President’s Rule?

The governor on behalf of the President. Signup and view all the answers

What must happen for President’s Rule to be imposed when a no-confidence vote occurs?

The Chief Minister needs to prove majority within a prescribed time. Signup and view all the answers

What role does the President have in the dissolution of the state legislature during President’s Rule?

The President has the authority to dissolve the legislative assembly. Signup and view all the answers

What ensures the continuity of the state's administration when the Parliament is not in session?

The promulgation of ordinances by the President. Signup and view all the answers

Which of the following is NOT a condition for the imposition of President’s Rule?

Unanimous assembly decision. Signup and view all the answers

How can President’s Rule be revoked?

Through a proclamation by the President. Signup and view all the answers

What does Article 365 discuss in relation to President’s Rule?

Emergency provisions related to state governance. Signup and view all the answers

What must happen after the initial three years of operation under a national emergency?

Parliament must approve its continuation every six months. Signup and view all the answers

What is the required parliamentary majority for approving the continuation of a proclamation of national emergency?

Simple majority. Signup and view all the answers

What type of emergency allows the state to be governed without following constitutional provisions?

State Emergency. Signup and view all the answers

Who has the authority to revoke a resolution during a national emergency?

The President only at their discretion. Signup and view all the answers

Which of the following statements is true concerning the effect of national emergency on fundamental rights?

Only specific fundamental rights are suspended. Signup and view all the answers

What grounds can lead to the proclamation of a national emergency?

War or external aggression. Signup and view all the answers

In the context of a financial emergency, what is likely to be threatened?

Financial stability or credit of India. Signup and view all the answers

Under a national emergency, who has the authority to declare the emergency?

The President upon the cabinet's recommendation. Signup and view all the answers

Study Notes

Legislative Branch

Holds parliamentary supremacy but not complete sovereignty.
Influences the executive branch.
Key responsibilities include drafting legislation, issuing ordinances, framing election laws, and dealing with matters like personal law.
Subject to judicial scrutiny by the Indian judiciary or the Supreme Court.

Judicial Branch

The Supreme Court is the highest judicial authority.
Responsible for upholding and propagating the country's law and order.
Interprets laws, conducts judicial reviews, sentences verdicts, and ensures equality before the law.
Resolves conflicts between the Executive and Legislature, other public related matters and disputes between the Government of India and states.

Emergency Provisions

The Indian Constitution includes Emergency provisions in Part XVIII, from Article 352 to Article 360.
These provisions allows the central government to effectively address unforeseen and abnormal situations.
When an emergency is declared, all powers go to the Centre, transforming the federal system into a unitary one.

National Emergency

Article 352: covers emergency due to war, external aggression, or armed rebellion.
Can be declared by the President on grounds of threats to India's security.
Requires written advice from the Union Cabinet.
Proclamation must be approved by Parliament within one month or it expires.
A National Emergency can be declared even if there is a possibility of war, external aggression, or armed rebellion.
Judicial review ensures the validity of the proclamation.
The President can revoke the emergency by a proclamation if the situation improves.
The 44th Amendment allows the Lok Sabha, with 10% of its members, to disapprove or revoke an emergency with a simple majority.
If approved by both houses of Parliament, a national emergency can last for 6 months and be renewed every 6 months.
A national emergency can continue for 30 days after Lok Sabha dissolution while a renewal resolution is in consideration, provided it's approved by the Rajya Sabha.

President’s Rule

Article 356: covers emergency due to the failure of the constitutional machinery in states.
President’s Rule can be imposed if the President is convinced the state government is unable to govern according to the Constitution.
It can also be imposed if a state fails to comply with Union directions.
President’s Rule suspends the state government and allows the central government to administer the state through the Governor.
Parliamentary approval is required for President's Rule, with a simple majority in both houses.
Initial duration is six months, extendable for three years with parliamentary approval every six months.
The 44th Amendment limits the extension of President’s Rule beyond one year unless a national emergency exists or the Election Commission certifies its necessity due to difficulties in holding elections.
The Governor administers the state on behalf of the President, with assistance from the state's Chief Secretary and advisors.
The President can declare that the state legislature's powers will be exercised by Parliament.
The state legislative assembly is suspended or dissolved.

Causes for President’s Rule

Failure to elect a Chief Minister in a time prescribed by the Governor
Breakdown of a coalition government leading to a minority Chief Minister
No-confidence vote in the legislative assembly resulting in a loss of majority
Postponement of elections due to unavoidable reasons (natural disasters, epidemics, or war)
Non-compliance with Union directives (Article 365)

Revocation of President’s Rule

The President can revoke President’s Rule at any time by a proclamation, which does not require parliamentary approval.
Revocation occurs when a political party leader presents evidence of majority support in the assembly.

Financial Emergency

Article 360: covers financial emergency due to a threat to financial stability or credit of India.
Declared by the President when financial stability or credit of India, or a part of it, is threatened.

Comparison of Emergency Provisions

National Emergency:
- Article: 352
- Duration: Can be extended for 3 years with parliamentary approval every 6 months, until the situation improves.
- Impact: Modifies the relationship between the Centre and all states.
- Fundamental Rights: Affected.
- Parliamentary Approval: Special majority in both houses.
- Revocation: Can be revoked by the Lok Sabha with a resolution.
State Emergency (President's Rule):
- Article: 356
- Duration: Can be extended for 3 years with parliamentary approval every 6 months.
- Impact: Modifies the relationship between the State under emergency and the Centre.
- Fundamental Rights: Not affected.
- Parliamentary Approval: Simple majority in both houses.
- Revocation: Can be revoked by the President only on his discretion.
Financial Emergency:
- Article: 360
- Duration: Not specified in the Constitution.
- Impact: Can be prolonged for an indefinite period.
- Fundamental Rights: Can be affected.
- Parliamentary Approval: None
- Revocation: Can be revoked by the President only on his discretion.

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Description

This quiz covers essential aspects of the Indian Constitution, specifically focusing on the Legislative and Judicial branches as well as Emergency provisions. Test your knowledge on the functions and responsibilities of these branches and the significance of emergency clauses. Gain insight into how these elements contribute to the governance of India.