Ans: C

Exp:

• Statement 1 is correct: The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. The President declares a National emergency if they are convinced that the security of the country or any part of it is threatened by war, external aggression, or internal disturbance.
• Statement 2 is correct: During an Emergency, the Central government becomes all-powerful, and the states go into total control of the centre. These provisions enable the Central government to meet any abnormal situation effectively. The rationale behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution.
• Statement 3 is correct: During an emergency, the federal structure converts into a unitary one without a formal amendment of the Constitution. This kind of transformation of the political system from federal during normal times to unitary during Emergency is a unique feature of the Indian Constitution
• Reference: Laxmikant, chapter 16

Ans: D

Exp:

• Statement 1 is incorrect: Under Article 352, the President (not the Prime Minister) can declare a national emergency when the security of India or a part of it is threatened by war, external aggression, or armed rebellion. He can declare a national emergency even before the actual occurrence of war, external aggression, or armed rebellion if he is satisfied that there is an imminent danger.
• Statement 2 is incorrect: A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.
• Statement 3 is correct: The President can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only with the concurrence of the cabinet and not merely on the advice of the prime minister.
• Reference: Laxmikant, chapter 16

Ans: C

Exp:

• Option a is incorrect: During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. In normal times, the Centre can give executive directions to a state only on certain specified matters. However, during a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter.
• Option b is incorrect: During a national emergency, the legislative power of a state legislature is not suspended. It becomes subjected to the overriding power of the Parliament. Only the normal distribution of legislative powers between the centre and states is  suspended, though the state Legislatures are not suspended.
• Option c  is correct: During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Also, the President can issue ordinances on the state
• subjects, if the Parliament is not in session.
• Option d is incorrect: The laws made by Parliament on state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
• Reference: Laxmikant, chapter 16

Ans: C

Exp:

• According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required. While a proclamation of national emergency is in operation, the state is freed from the restrictions imposed by Article 19. These rights include 
  1. Right to freedom of speech and expression.
  2. Right to assemble peaceably and without arms.
  3. Right to form associations, unions,or co-operative societies.
  4. Right to move freely throughout the territory of India.
  5. Right to reside and settle in any part of the territory of India.
  6. Right to practise any profession or to carry on any occupation, trade, or business.
• The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during a national emergency.
• Reference: Laxmikant, chapter 16

Ans: A

Exp:

• Statement 1 is correct: The President’s Rule can be proclaimed under Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.  The president can act either on a report of the governor of the state or even without the governor’s report
• Statement 2 is incorrect: when the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister. The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President. 

• Reference: Laxmikant, chapter 16