Parts/ Articles of the Constitution, Emergency Provisions (Question & Answers)

Parts/ Articles of the Constitution, Emergency Provisions (Question & Answers)
 
1. Under which Article of the Constitution is the President’s rule promulgated by any State in India? (Bank PO 1994)
(a) 356
(b) 352
(c) 360
(d) 370
Ans: (a)
2. A proclamation of emergency issued under Article 352 must be approved by the Parliament within:
(a) 1 month
(b) 6 weeks
(c) 2 months
(d) 3 months
Ans: (a)
3. The President’s rule can be proclaimed in a State: (CDS 1994)
(a) when a bill introduced by the State Government in the State Legislature is defeated
(b) if the President, on receipt of report from the Governor of the State is satisfied that a situation is likely to arise in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution
(c) if the President, on receipt of a report from the Governor of the State, or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution
(d) when the Governor and the Chief Minister of a State differ on many matters
Ans: (c)
4. The Governor recommends to the President of India that breakdown of Constitutional machinery in the State is imminent. The President makes a proclamation under Article 356. The action of the President:
(a) cannot be reviewed as the President is the sole judge of his emergency powers
(b) cannot be reviewed as the Constitution bars the courts from reviewing political actions
(c) can be reviewed as it goes against Fundamental Rights
(d) can be reviewed as it is malafide
Ans: (d)
5. Proclamation of emergency under Article 352, when Lok Sabha stands dissolved, has to be approved by:
(a) Rajya Sabha and then will continue till the reconstitution of new Lok Sabha which must approve it within 30 days of its first sitting
(b) New Lok Sabha within 6 months of its Constitution
(c) Lok Sabha in next session after six months
(d) Rajya Sabha only
Ans: (a)
6. The rule of passing resolution by 2/3rd majority of total number of members of the
(a) amendment of the Constitution
(b) approval of proclamation of emergency
(c) impeachment of President
(d) disapproval of proclamation of emergency
Ans: (c)
7. Consider the following statements in respect of financial emergency under Article 360of 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? (IAS 2007)
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (a)
8. After approval by’ both Houses of Parliament, the proclamation of emergency issued by the President shall be valid:
(a) for period of six months
(b) for an indefinite period unless revoked by the subsequent proclamation
(c) for an indefinite period if both Houses of Parliament approves the proclamation after every six months
(d) for further period of two months only
Ans: (c)
9. Every proclamation issued under Article 356 shall cease to operate at the expiration of:
(a) one month unless before that period it has been approved by resolution of both Houses of Parliament
(b) two months unless before that period it has been approved by resolution of both Houses of Parliament
(c) six months unless before that period it has been approved by resolution of both Houses of Parliament
(d) three years unless before that period it has been approved by resolution of both Houses of Parliament
Ans: (b)
10. While a proclamation of emergency is in operation in the country, the State Government:
(a) cannot legislate
(b) can legislate only on subjects in the Concurrent List
(c) can legislate on the subject in the State List
(d) is suspended
Ans: (a)
11. While a proclamation of emergency is in operation in the country under Article 352:
(a) the Parliament is empowered under Article 250 to legislate with respect to any matter in the State List
(b) the power of the State Legislature to make a law which is entitled to make a law under the Constitution is suspended
(c) a law passed by the Parliament may be amended by a State Legislature with prior permission of the President
(d) Parliament can delegate some of its powers to the State Legislatures
Ans: (a)
12. Which is not a correct statement regarding financial emergency?
(a) President can ask States to follow a certain canon of financial propriety
(b) The States may be asked to reserve the money bills for the consideration of the President
(c) President can suspend the normal allocation of revenues
(d) President can reduce the salaries of civil servants and not judges
Ans: (c)
13. According to Article 164(1) of the Constitution of India, in three States there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and Backward Classes. Which one of the following States is not covered by the Article? (CDS 2009)
(a) Jharkhand
(b) Punjab
(c) Madhya Pradesh
(d) Orissa
Ans: (b)
14. Which Article of Indian Constitution prescribes Hindi in Devanagari script as the official language of the Union?
(a) 341
(b) 342
(c) 343
(d) 346
Ans: (c)
15. Which of the following Articles of Indian Constitution guarantees equal opportunities in public employment to persons belonging to SC/ST and the other minority communities?
(a) Article 15
(b) Article 16
(c) Article 22
(d) Article 27
Ans: (b)
16. Part V of the Constitution deals with:
I. Union Executive
II. Parliament
III. Supreme Court and High Courts
IV. Comptroller and Auditor-General
(a) I and II
(b) I, II and III
(c) I only
(d) I, II and IV
Ans: (d)
17. Provisions of the Constitution relating to the administration of scheduled areas and tribes in Schedule V :
(a) may be altered by the Governor
(b) may be altered by Parliament by amendment requiring two-thirds majority
(c) cannot be altered
(d) may be altered by Parliament by ordinary legislation
Ans: (d)
18. Provisions of having a UPSC and Public Service Commission for States are enshrined in:
(a) Part XIV, Chapter II, Articles 315-324
(b) Part XIV, Chapter I, Articles 308-323
(c) Part XIV, Chapter II, Articles 315-323
(d) Part XIV, Chapter I, Articles 308-318
Ans: (b)
19. Match the following:
Articles Provisions
A. 19(1)(a) 1. Right to reside and settle in any part of the country
B. 19(1)(c) 2. Right to form associations or unions
C. 19(1)(e) 3. Freedom of speech and expression
D. 19(1)(t) 4. Right to practice any profession, or carry on any occupation, business or trade
A B C D
(a) 3 1 4 2
(b) 1 2 4 3
(c) 3 1 2 4
(d) 3 2 1 4
Ans: (d)
20. Match the following:
A. Part I 1. Fundamental Rights
B. Part III 2. Panchayati Raj
C. Part IX 3. Citizenship
D. Part II 4. The Union and its Territory
A B C D
(a) 4 2 3 1
(b) 3 1 2 4
(c) 2 3 1 3
(d) 4 1 2 3
Ans: (d)
21. Match the following:
A. Article 61 1. Removal of Deputy Chairman of Rajya Sabha
B. Article 67 2. Impeachement of President
C. Article 94 3. Removal of Vice President
D. Article 90 4. Removal of Speaker
A B C D
(a) 2 3 4 1
(b) 1 3 4 1
(c) 2 1 4 3
(d) 3 4 2 1
Ans: (a)
22. Match the following:
A. Abolition of Untouchability 1. Article 24
B. Abolition of Titles 2. Article 23
C. Prohibition of Child labour 3. Article 17
D. Prohibition of Traffic in human beings 4. Article 18
A B C D
(a) 3 4 2 1
(b) 2 4 1 3
(c) 3 4 1 2
(d) 1 3 2 4
Ans: (c)
23. Match the following:
A. Inter-State Council 1. Article 315
B. Abolition of Titles 2. Article 280
C. Administrative Tribunals 3. Article 263
D. Union Public Service Commission 4. Article 323(A)
A B C D
(a) 2 4 3 1
(b) 3 2 1 4
(c) 1 2 4 3
(d) 3 2 4 1
Ans: (d)
24. Which one of the following Articles of the Constitution of India says that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union? (IAS 2004)
(a) Article 257
(b) Article 258
(c) Article 355
(d) Article 356
Ans: (a)
25. Article 340 of the Constitution of India provides for the appointment of a Commission to investigate the conditions for the improvement of: (CDS 2004)
(a) Scheduled Castes and Scheduled Tribes
(b) Socially and educationally backward classes
(c) Socially and economically backward classes
(d) Educationally and economically backward classes
Ans: (a)
26. Match the following:
A. National Emergency 1. Article 356
B. Constitutional Emergency 2. Article 360
C. Financial Emergency 3. Article 352
A B C
(a) 1 2 3
(b) 2 1 3
(c) 2 3 1
(d) 3 1 2
Ans: (d)
27. National Emergency has been declared so far:
(a) once
(b) twice
(c) thrice
(d) four times
Ans: (c)
28. The provision for Contingency Fund of India as well as for each State has been made under:
(a) Article 267
(b) Article 270
(c) Parliamentary Legislation
(d) Presidential order
Ans: (a)
29. During financial emergency, the President can:
1. ask the states to reduce the salaries arid allowances of all or any class of persons serving in connection with the affairs of the State
2. ask the states to reserve money bills passed by the state legislature for his consideration
3. issue directions to states on financial matters
4. issue directions for the reduction of salaries and allowances of persons serving in connection with the affairs of the Union
(a) I, II and III
(b) I, III and IV
(c) II, III and IV
(d) I, II, III and IV
Ans: (d)
30. National emergency can be declared by the President only
I. on grounds of war
II. on grounds of external aggression
III. on grounds of internal disturbance
IV. on the written recommendation of the Union Cabinet
(a) I and II
(b) I, II and III
(c) I, II and IV
(d) I, II, III and IV
Ans: (d)
31. During a proclamation of emergency due to the breakdown of constitutional machinery in a State the President can
I. assume all powers vested in and exercisable by the Governor
II. declare that the powers of the State Legislature shall be exercised by Parliament
III. assume certain powers of the High Courts
IV. suspend by order any or all Fundamental Rights except those under Articles 20 and 21
(a) I and II
(b) I and III
(c) II, III and IV
(d) II and IV
Ans: (a)
32. When a financial emergency is proclaimed: (I. Tax 1994)
(a) repayment of government debts will stop
(b) payment of salaries to public servants will be postponed
(c) salaries and allowances of any class of employees may be reduced
(d) Union Budget will not be presented
Ans: (b)
33. On the basis of financial crisis Emergency has been declared by the President of India:
(a) not even once
(b) in 1962
(c) in 1971
(d) in 1991
Ans: (a)
34. While a proclamation of emergency is in operation the duration of the Lok Sabha can be extended for a period (CDS 2012)
(a) not exceeding three months
(b) not exceeding nine months
(c) of one year at a time
(d) of two years at time
Ans: (c)
35. The proclamation of emergency at the first instance can be restricted to:
(a) 3 months
(b) 15 days
(c) 6 months
(d) 60 days
Ans: (c)
36. Every proclamation issued under Article 352 shall be :
(a) laid before each House of the Parliament
(b) laid before the Lok Sabha
(c) decided by the Prime Minister and conveyed to the President
(d) All of the above
Ans: (c)
37. The President’s rule is imposed for the period of:
(a) 3 months
(b) 6 months
(c) till the next election is held
(d) it depends upon the President’s wish
Ans: (b)
38. The duration of proclamation of Financial Emergency is :
(a) at the first instance one month
(b) at the first instance two months
(c) at the first instance six months
(d) at the first instance one year
Ans: (b)
39. During the proclamation of National Emergency:
(a) all Fundamental Rights are suspended
(b) Articles 20 and 21 cannot be suspended
(c) Article 32 cannot be suspended
(d) Article 19 cannot be suspended
Ans: (b)
40. Emergency can be proclaimed:
(a) in whole of the country
(b) only in that part of country where actual aggression has taken place
(c) in any part of the country
(d) in the entire country or any part of territory of India
Ans: (d)
41. A resolution for the revocation of proclamation of National Emergency may be moved by:
(a) ten members of Rajya Sabha
(b) ten members of Lok Sabha
(c) ten members of Parliament
(d) one-tenth of total membership of Lok Sabha
Ans: (d)
42. A resolution ratifying the proclamation of National Emergency requires to be passed:
(a) by Parliament
(b) by each House of Parliament
(c) by both the Houses of Parliament in a joint sitting
(d) by each House of Parliament in separate sittings with majority of total membership of each House and by majority of not less than 2/3rd of members present and voting
Ans: (b)
43. The President can issue proclamation of emergency:
(a) on the advice of Prime Minister
(b) on the advice of Council of Ministers
(c) in his own decision
(d) when the decision of Union Cabinet for the issuance of such proclamation has been communicated to him in writing
Ans: (d)
44. Which of the following is/are resultant of a proclamation of National Emergency because of war?
I. The Union Government can give directions to the States about how the executive power of the State is to be exercised.
II. The Fundamental Rights stand automatically suspended.
III. The State Legislature is suspended.
IV. Parliament can make laws with respect to any subject in the State List.
(a) I, II and IV
(b) I, III and IV
(c) I only
(d) I and IV
Ans: (d)
45. In the case of a proclamation of emergency on grounds of war or external aggression:
(a) all Fundamental Rights will be automatically suspended
(b) the right to move a court for enforcement of any Fundamental Right is suspended
(c) the President may order the suspension of enforcement of any Fundamental Right except Article 20-21
(d) Parliament may authorise suspension of all Fundamental Rights
Ans: (c)