Emergency Provisions MCQs

Question 01

In S.R. Bommai (1994), the Supreme Court held that the State Legislative Assembly should not be dissolved until Parliament approves the proclamation under Article 356, and may meanwhile only be kept in suspended animation. The reason is that:

1. AOption A: Article 356 does not permit the dissolution of a State Assembly in any circumstances
2. BOption B: only the Election Commission can dissolve a State Legislative Assembly
3. COption C: a dissolved Assembly would compel fresh elections within one month under Article 174
4. DOption D: dissolution is irreversible, and the elected Assembly could not otherwise be revived if Parliament or the court disapproves the proclamation

Question 02

With reference to President's Rule in undivided Andhra Pradesh in 2014, consider the following statements: 1. It was imposed after the Chief Minister resigned in protest against the passage of the Telangana Bill and no party came forward to form a government. 2. The Legislative Assembly was dissolved at the time of imposition. 3. It was the first spell of President's Rule in the State in about four decades. Which of the statements given above are correct?

1. AOption A: 1 only
2. BOption B: 2 only
3. COption C: 1 and 3 only
4. DOption D: 1, 2 and 3

Question 03

During a national emergency, a Presidential order under Article 359 suspends the right to move any court for the enforcement of Article 14 alone. A person detained under a preventive detention law complains that he has not been told the grounds of his detention, as Article 22(5) requires. Which one of the following is correct?

1. AOption A: He cannot move any court, since all Fundamental Rights stand suspended during a national emergency.
2. BOption B: He may move only the Supreme Court, since the High Courts lose their writ jurisdiction during an emergency.
3. COption C: He may move the court only after the Proclamation of Emergency has been revoked.
4. DOption D: He may move the court to enforce Article 22, since its enforcement has not been suspended by the order.

Question 04

With reference to a Presidential order under Article 359, consider the following statements: 1. Such an order lapses unless approved by both Houses by a special majority within one month. 2. Every such order must be laid, as soon as may be, before each House of Parliament. Which of the statements given above is/are correct?

1. AOption A: 1 only
2. BOption B: 2 only
3. COption C: Both 1 and 2
4. DOption D: Neither 1 nor 2

Question 05

A Proclamation of Emergency is issued on the ground of external aggression. Within a week the Lok Sabha is dissolved. The Rajya Sabha approves the proclamation within a month, but the reconstituted Lok Sabha has not yet met. What is the constitutional position?

1. AOption A: The proclamation lapses at the end of one month, because approval by both Houses within that period is mandatory.
2. BOption B: The proclamation continues for six months on the strength of the Rajya Sabha's approval alone.
3. COption C: The proclamation must be re-issued once the new Lok Sabha meets.
4. DOption D: The proclamation survives until thirty days from the first sitting of the reconstituted Lok Sabha, and lapses then unless that House also approves it.