National Emergency Provisions Quiz

Article 352 of the Indian Constitution empowers the President of India to declare a "National Emergency" in the country if there is a grave threat to the security of India due to war, external aggression, or armed rebellion.

The proclamation of a National Emergency cannot be based on an "internal disturbance" alone. Other grounds like war, external aggression, or armed rebellion are required.

The 38th Amendment Act (1975) made the declaration of National Emergency immune from judicial review, essentially removing the power of the courts to challenge such declarations.

Both houses of Parliament must approve the proclamation of a National Emergency within one month of its declaration. This ensures parliamentary oversight and approval.

A "Special Majority" is required to pass the emergency resolution in Parliament. This involves a majority of the total membership of both houses and a two-thirds majority of the members present and voting.

India did not declare a National Emergency in the year 1999. The other years listed (1962, 1971, and 1975) all witnessed emergency declarations.

During a National Emergency, the federal structure of India effectively becomes unitary, with the central government gaining more power. This shift occurs without formally amending the Constitution.

The Supreme Court in the Bommai Case (1994) proposed that the burden of proof lies with the central government to justify imposing President's Rule. Additionally, the state assembly should be dissolved only after parliament approves the presidential proclamation. Finally, a state government pursuing anti-secular politics is liable to action under Article 356.

A national emergency can only be declared for a maximum period of six months with the approval of Parliament.

A financial emergency can be declared with a simple majority in Parliament.

President's Rule can be imposed for a maximum period of three years.

President's Rule does not suspend fundamental rights, unlike a National Emergency.

Kerala has faced President's Rule the most.

A national emergency can be declared on grounds of internal disturbance, war, or external aggression. It requires written recommendation from the Cabinet.

The 42nd Amendment Act of 1976 allowed for a national emergency to be declared for specific parts of India.

Article 359 does not actually suspend fundamental rights, but it can restrict some of them during a national emergency.

The President of India can direct states in all matters during normal times.

During an emergency, the Parliament can legislate on subjects normally belonging to the state list.

The President can issue ordinances on state subjects during an emergency.

The President can modify the financial distribution between the center and states during an emergency.

The 42nd Amendment Act made the declaration of a National Emergency on any part of India possible.

The Indian Constitution was amended to include the phrase "armed rebellion" to declare a National Emergency after the 44th Amendment Act.

Parliament must approve the imposition of a National Emergency within one month of its declaration.

A National Emergency, once approved by Parliament, remains in effect for six months.

The governor of a state is appointed by the President of India.

The Governor of a state is appointed for a five-year term, but they can be removed before the end of their term by the President. This removal can happen for various reasons such as misconduct or failure to perform their duties effectively.

While the Governor does not have the power to appoint judges to the state's High Court, they hold other important roles related to the state legislature, such as reserving legislation for the President's consideration.

The role of the Governor is crucial in the state legislature. Acting as a head of the state, the Governor can nominate members to the Legislative Council, although not to the Legislative Assembly.

Although the Governor of a state is appointed by the President, they have some discretion in their role. One crucial power involves recommending President's Rule for a state. This involves sending a report to the President indicating a breakdown of law and order in the state.

The Governor doesn't directly appoint ministers, as this is the responsibility of the Chief Minister. However, they have the power to reserve bills passed by the state legislature for the President's consideration. This helps ensure that the bills are in line with national laws and policies.

The Governor has the power to grant pardons to convicted individuals, meaning that a sentence may be reduced or completely pardoned. However, the Governor doesn't have any emergency powers, as those are reserved for the President to address national level emergencies.

The Governor of a state plays a significant role in the state's administration. Despite the Governor's role, they are not a part of the state legislature. They have a distinct role separate from the legislative branch of the government.

Two-thirds of the present and voting members must vote in favor of the bill. Additionally, this number must represent a majority of the total membership capacity of the House.

The smallest state legislative assembly in India in terms of capacity is the Goa Legislative Assembly.

The Uttar Pradesh Legislative Assembly has the largest capacity among all state legislative assemblies in India.

The minimum age required for someone to be a member of the state legislative assembly is 25 years old.

The Speaker of the legislative assembly holds the authority to decide on the disqualification of its members.

There must be a maximum gap of 6 months between two sessions of the state legislature.

If the legislative assembly is dissolved while a bill is pending, the bill will automatically lapse and is no longer considered.

The Upper Chamber of the State Legislature in India is called the Legislative Council.

Article 368 details the process of amending the Indian Constitution, outlining how changes can be made to the fundamental laws of the country.

Both the Lok Sabha and the Rajya Sabha (the lower and upper houses of Parliament) have the power to introduce a Constitutional Amendment Bill. This allows for checks and balances in the amendment process.

A Constitutional Amendment Bill can be introduced by a minister without prior permission from the President. The focus is on the Parliament's role, not presidential approval at this initial stage.

A simple majority in Parliament (more than half the votes present and voting) is enough to pass amendments related to the President's salary and benefits. This emphasizes the importance of financial transparency.

The 74th Amendment aimed to improve the functioning of municipalities (local governments) by introducing new rules, adding a schedule to the Constitution, and ensuring representation for women.

The 91st Amendment limited the number of ministers in the central government to 15% of the total members of the Lok Sabha. This amendment aimed to prevent excessive government size.

Article 168 deals with the composition of the State Legislatures, outlining the structure and powers of the legislative bodies within each state.

Only 6 states in India have a 'bicameral' legislature, meaning they have two legislative bodies (upper and lower houses). Most states have a single legislature.