Emergency Provisions MCQ: 1975 Emergency, Shah Commission & Article 358 vs 359

Attempt the quiz above first, then review every question with its correct answer and a short explanation below.

1. Q1.Resolution for the disapproval of the National Emergency must be passed by the Lok Sabha by which majority?

   • A.Simple Majority✓ Correct Answer
   • B.Special Majority
   • C.Absolute Majority
   • D.Effective Majority

   Explanation: A resolution of disapproval (to revoke emergency) requires only a Simple Majority of the Lok Sabha members present and voting.

2. Q2.During a Financial Emergency, the salaries of which of the following can be reduced?

   • A.Only Union Government employees
   • B.Only State Government employees
   • C.Judges of Supreme Court and High Courts
   • D.All of the above✓ Correct Answer

   Explanation: During a Financial Emergency, the President can issue directions for the reduction of salaries of all classes of persons serving the Union or State, including Judges of the SC and HCs.

3. Q3.Who said that Article 356 would remain a 'dead letter'?

   • A.Jawaharlal Nehru
   • B.B.R. Ambedkar✓ Correct Answer
   • C.Sardar Patel
   • D.Rajendra Prasad

   Explanation: Dr. B.R. Ambedkar hoped that Article 356 would remain a 'dead letter' and would be used only as a last resort.

4. Q4.Which of the following is NOT a ground for the declaration of National Emergency?

   • A.War
   • B.External Aggression
   • C.Armed Rebellion
   • D.Internal Disturbance✓ Correct Answer

   Explanation: 'Internal Disturbance' was removed as a ground by the 44th Constitutional Amendment Act, 1978.

5. Q5.The President can issue a proclamation of National Emergency only after receiving a written recommendation from whom?

   • A.Prime Minister
   • B.Cabinet✓ Correct Answer
   • C.Council of Ministers
   • D.Parliament

   Explanation: The President can proclaim a national emergency only after receiving a written recommendation from the Cabinet (Prime Minister and other Cabinet rank ministers).

6. Q6.Which Amendment made the declaration of National Emergency immune from judicial review?

   • A.38th Amendment✓ Correct Answer
   • B.40th Amendment
   • C.42nd Amendment
   • D.44th Amendment

   Explanation: The 38th Amendment Act of 1975 made the declaration of National Emergency immune from judicial review (later deleted by 44th Amendment).

7. Q7.What is the key difference between Article 358 and Article 359 regarding the suspension of rights?

   • A.Article 358 suspends rights; Article 359 suspends enforcement✓ Correct Answer
   • B.Article 358 applies to all emergencies; 359 only to war
   • C.Article 358 requires a separate order; 359 is automatic
   • D.There is no difference

   Explanation: Article 358 automatically suspends the Fundamental Rights under Article 19, whereas Article 359 suspends the enforcement of Fundamental Rights (except 20 & 21).

8. Q8.Which body must approve the proclamation of Financial Emergency?

   • A.Lok Sabha only
   • B.Rajya Sabha only
   • C.Both Houses of Parliament✓ Correct Answer
   • D.Supreme Court

   Explanation: A proclamation of Financial Emergency must be approved by both Houses of Parliament within two months from the date of its issue.

9. Q9.If the National Emergency is in operation, the Parliament can make laws on subjects enumerated in which list?

   • A.Union List only
   • B.Concurrent List only
   • C.State List
   • D.All of the above✓ Correct Answer

   Explanation: During a National Emergency, Parliament becomes empowered to make laws on any subject mentioned in the State List, in addition to Union and Concurrent lists.

10. Q10.The President's Rule was imposed in which state after the 1992 Babri Masjid demolition?

    • A.Uttar Pradesh
    • B.Madhya Pradesh
    • C.Rajasthan
    • D.All of the above✓ Correct Answer

    Explanation: President's Rule was imposed in Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, and Rajasthan following the 1992 events.

11. Q11.Article 359 authorizes the President to suspend the right to move any court for the enforcement of Fundamental Rights. This order may extend to?

    • A.Whole of India
    • B.Any part of India
    • C.Either Whole or Any part of India✓ Correct Answer
    • D.Only disturbed areas

    Explanation: The order of suspension under Article 359 may extend to the whole or any part of India.

12. Q12.Which committee was appointed to investigate the excesses committed during the Emergency (1975-77)?

    • A.Verma Committee
    • B.Shah Commission✓ Correct Answer
    • C.Sarkaria Commission
    • D.Nanavati Commission

    Explanation: The Shah Commission was appointed by the Janata Government in 1977 to inquire into the circumstances and excesses of the 1975 Emergency.

13. Q13.How long can a law made by Parliament on a state subject during a National Emergency remain in force after the emergency ceases?

    • A.3 months
    • B.6 months✓ Correct Answer
    • C.1 year
    • D.Indefinitely

    Explanation: The laws made by Parliament on state subjects become inoperative six months after the emergency has ceased to operate.

14. Q14.In case of conflict between a law made by Parliament under Article 356 and a state law, which one prevails?

    • A.State Law
    • B.Parliament Law✓ Correct Answer
    • C.Supreme Court decides
    • D.Both coexist

    Explanation: The law made by Parliament prevails over the state law in case of inconsistency during President's Rule.

15. Q15.Who was the President of India when the National Emergency was declared in 1975?

    • A.V.V. Giri
    • B.Fakhruddin Ali Ahmed✓ Correct Answer
    • C.Neelam Sanjiva Reddy
    • D.Zail Singh

    Explanation: Fakhruddin Ali Ahmed was the President of India who proclaimed the emergency in 1975.

16. Q16.Can the President issue ordinances during President's Rule?

    • A.Yes, always
    • B.No, never
    • C.Yes, if Parliament is not in session✓ Correct Answer
    • D.Only for financial matters

    Explanation: Yes, if the Parliament is not in session, the President can issue ordinances for the governance of the state.

17. Q17.The approval of the proclamation of President's Rule requires which type of majority in Parliament?

    • A.Simple Majority✓ Correct Answer
    • B.Special Majority
    • C.Absolute Majority
    • D.Effective Majority

    Explanation: It requires only a simple majority of the members of either House of Parliament.

18. Q18.The 'satisfaction' of the President for declaring emergency is?

    • A.Subject to judicial review✓ Correct Answer
    • B.Final and conclusive
    • C.Beyond court's jurisdiction
    • D.Dependent on Governor

    Explanation: Following the 44th Amendment and the Minerva Mills case, the satisfaction of the President is subject to judicial review on grounds of malafide.

19. Q19.Which Article defines the duties of the Prime Minister regarding furnishing information to the President?

    • A.Article 74
    • B.Article 75
    • C.Article 78✓ Correct Answer
    • D.Article 352

    Explanation: Article 78 deals with the duties of the Prime Minister to furnish information to the President. Though not an emergency article, it is relevant to the President-PM relation.

20. Q20.If a National Emergency is declared on the ground of 'War', it is known as?

    • A.Internal Emergency
    • B.External Emergency✓ Correct Answer
    • C.Armed Emergency
    • D.Military Emergency

    Explanation: Emergency declared on grounds of 'War' or 'External Aggression' is termed as External Emergency.