Practice paper — Constitution Part XVIII — Emergency Provisions
45 questions · answer key at the end · no time limit
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1.Under Article 352 of the Constitution, who may issue a Proclamation of Emergency when satisfied that a grave emergency exists threatening the security of India?
- (A) The President
- (B) The Prime Minister
- (C) The Union Cabinet
- (D) Either House of Parliament
2.Which written communication is required before the President issues or varies a Proclamation under Article 352?
- (A) A written resolution of both Houses of Parliament
- (B) A written decision of the Union Cabinet communicated to the President
- (C) A written approval of the Supreme Court
- (D) A written notice signed by one-tenth of Lok Sabha members
3.Can a Proclamation of Emergency be issued before the actual occurrence of war, external aggression or armed rebellion?
- (A) No — it can be issued only after the actual occurrence of war or aggression
- (B) Yes — but only if both Houses of Parliament have first approved it
- (C) Yes — if the President is satisfied that there is imminent danger of such war, aggression or rebellion
- (D) Yes — but only on the written request of the Chief of Defence Staff
4.A Proclamation (not a revocation) is issued while the House of the People (Lok Sabha) is dissolved. The Council of States (Rajya Sabha) passes a resolution approving the Proclamation but the Lok Sabha has not yet sat. When does the Proclamation cease to operate if Lok Sabha does not approve on reconstitution?
- (A) It ceases at the expiration of one month from the date of issue regardless of dissolution
- (B) It continues indefinitely until Lok Sabha explicitly disapproves it
- (C) It ceases at the expiration of thirty days from the date on which the House of the People first sits after reconstitution unless Lok Sabha approves within those thirty days
- (D) It is deemed approved automatically upon Rajya Sabha's approval and does not cease
5.If a Proclamation under Article 352 has been approved and is in force, can it nonetheless be revoked by action of the House of the People alone?
- (A) No — revocation requires a resolution of both Houses of Parliament
- (B) Yes — the President shall revoke it if the House of the People passes a resolution disapproving it
- (C) No — only the President may revoke a Proclamation and only on Cabinet advice
- (D) Yes — but only if one-tenth of Lok Sabha members request a special sitting first
6.While a Proclamation of Emergency is in operation, clause (a) of Article 353 empowers the Union to do which of the following?
- (A) Give directions to any State as to the manner in which the executive power thereof is to be exercised
- (B) Suspend the legislative assembly of a State
- (C) Assume the judicial functions of State courts
- (D) Dissolve the State government and rule directly by Union ministers
7.Which statement correctly describes the power of Parliament under clause (b) of Article 353 while a Proclamation of Emergency is in operation?
- (A) Parliament may make laws only on matters in the Union List
- (B) Parliament may suspend the Constitution entirely during the Emergency
- (C) Parliament may make laws conferring powers and imposing duties, or authorising the conferring of powers and imposition of duties, upon the Union or its officers with respect to any matter, even if it is not enumerated in the Union List
- (D) Parliament may transfer State legislative powers to local bodies without limitation
8.If a Proclamation of Emergency is in operation only in part of India, under the proviso to Article 353 the executive power of the Union to give directions under clause (a) may also extend to other States when:
- (A) the President so decides for administrative convenience
- (B) the security of India or any part of the territory thereof is threatened by activities in or in relation to the part where the Emergency is in operation
- (C) the State government requests Union assistance
- (D) Parliament passes a resolution authorising such directions
9.Which of the following best describes the scope of Parliament's law-making power under clause (b) during an Emergency?
- (A) Parliament can legislate only on subjects already in the Union List
- (B) Parliament can legislate on any matter by conferring powers on States without involving the Union
- (C) Parliament's power is confined to declaring further emergencies
- (D) Parliament may make laws conferring powers and imposing duties on the Union or its officers in respect of matters even if those matters are not enumerated in the Union List
10.The proviso to Article 353 says the Union's powers under clauses (a) and (b) "shall also extend to any State other than a State in which... the Proclamation of Emergency is in operation if and in so far as the security of India... is threatened by activities in or in relation to the part...". What is the correct implication of the phrase "if and in so far as" in this context?
- (A) The extension is automatic and applies to all subjects in those other States without limit
- (B) The extension is conditional and limited to the extent necessary because of the security threat arising from the affected part
- (C) The extension requires a separate Proclamation of Emergency in each of the other States
- (D) The extension applies only to financial matters and not to executive directions
11.Under Article 354, who may, while a Proclamation of Emergency is in operation, by order direct that provisions of Articles 268 to 279 shall have effect subject to exceptions or modifications?
- (A) The President
- (B) Parliament
- (C) The Prime Minister
- (D) The Supreme Court
12.According to Article 354(1), an order under that clause may have effect for a period not extending beyond which of the following?
- (A) The date when the Proclamation of Emergency is issued
- (B) The next session of Parliament
- (C) The expiration of the financial year in which such Proclamation ceases to operate
- (D) Six months from the date of the order
13.When must every order made under Article 354(1) be laid before Parliament?
- (A) Before it comes into effect
- (B) As soon as may be after it is made
- (C) Within 90 days of the order
- (D) Only when Parliament is in session
14.Can the President modify the application of Articles 268–279 while a Proclamation of Emergency is in operation under Article 354(1)?
- (A) No — only Parliament can modify those provisions
- (B) Yes — but only with the prior approval of the Supreme Court
- (C) Yes — but only to increase central shares of revenue
- (D) Yes — by order, subject to such exceptions or modifications as he thinks fit
15.Which statement correctly states the maximum temporal limit for an order under Article 354(1)?
- (A) The order may not extend beyond the expiration of the financial year in which the Proclamation ceases to operate.
- (B) The order may not extend beyond the date the Proclamation of Emergency was first issued.
- (C) The order may not extend beyond one year from the date of the order.
- (D) There is no temporal limit on the period for which the order may have effect.
16.According to Article 355, the Union has a duty to protect every State against which of the following?
- (A) External aggression and internal disturbance
- (B) Only external aggression
- (C) Only internal disturbance
- (D) Economic crises and administrative lapses
17.Who is expressly made responsible by Article 355 for protecting every State and ensuring State governments conform to the Constitution?
- (A) The Government of the State
- (B) The Union
- (C) The President
- (D) The Supreme Court
18.Does the duty in Article 355, as written, extend to Union Territories as well as States?
- (A) Yes — it applies to all territories including Union Territories
- (B) Only when Parliament enacts a law extending it to Union Territories
- (C) No — the text refers specifically to every State
- (D) Only if the State gives its consent
19.Which description best captures the duties placed on the Union by Article 355?
- (A) Only to protect States against external aggression and internal disturbance
- (B) Only to ensure that State governments are carried on in accordance with the Constitution
- (C) Neither of the above
- (D) To both protect States against external aggression and internal disturbance and to ensure State governments are carried on in accordance with the Constitution
20.If there is no external aggression or internal disturbance in a State, can Article 355 still impose a duty on the Union to ensure the State Government is carried on in accordance with the Constitution?
- (A) Yes — the duty to ensure State governments follow the Constitution is stated separately and is not conditioned on aggression or disturbance
- (B) No — the duty to ensure arises only when there is external aggression or internal disturbance
- (C) No — the Union is bound to act only if the State requests assistance
- (D) Only when Parliament enacts a specific law empowering the Union to act
21.Under Article 356(1), the President may issue a Proclamation on being satisfied that the government of a State cannot be carried on in accordance with the Constitution. This satisfaction may be based on:
- (A) Only a written report of the Governor of the State
- (B) Only the advice of the State Council of Ministers
- (C) Only a resolution of the State Legislative Assembly
- (D) A report from the Governor of the State, or otherwise
22.Under Article 356(3), a Proclamation imposing President's Rule ceases to operate unless approved by resolutions of both Houses of Parliament within:
- (A) Two months
- (B) Six months
- (C) One month
- (D) One year
23.The proviso to Article 356(1) expressly bars the President, while imposing President's Rule, from assuming to himself:
- (A) The powers of the Governor of the State
- (B) The powers of the State Council of Ministers
- (C) Any of the powers vested in or exercisable by a High Court
- (D) The powers of the State Public Service Commission
24.A Proclamation under Article 356 duly approved by both Houses of Parliament shall, unless revoked, cease to operate on the expiration of:
- (A) One year from the date of approval
- (B) Six months from the date of issue of the Proclamation
- (C) Two months from the date of approval
- (D) Three years from the date of issue in every case
25.Under Article 356(5), a resolution continuing a Proclamation in force beyond one year from its date of issue cannot be passed by either House of Parliament unless:
- (A) A Proclamation of Emergency is in operation in the whole of India or in the whole or any part of the State, and the Election Commission certifies that continuance is necessary due to difficulties in holding general elections to the State Legislative Assembly
- (B) The Supreme Court certifies that constitutional machinery has failed in the State
- (C) The Governor submits a fresh report and the State Assembly is dissolved
- (D) Two-thirds of the State Legislatures ratify the continuance
26.Under Article 357(1)(a), which of the following is Parliament explicitly permitted to do when it has declared by proclamation under Article 356 that State legislative powers shall be exercisable by or under the authority of Parliament?
- (A) Confine State legislative powers to the President without any power to delegate
- (B) Confer on the President the power of the State Legislature to make laws and authorise the President to delegate that power to any other specified authority subject to conditions
- (C) Transfer the State Legislature's powers permanently to a State authority
- (D) Authorize the State Governor to exercise the legislative power instead of the President
27.What authority does Article 357(1)(c) give to the President when the House of the People is not in session?
- (A) To authorise expenditure from the Consolidated Fund of the State pending sanction by Parliament
- (B) To promulgate ordinances on behalf of the State
- (C) To make laws for the State without Parliamentary approval
- (D) To dissolve the State Assembly
28.Under Article 357(1)(b), who may make laws conferring powers and imposing duties upon the Union or its officers and authorities during the operation of a proclamation under Article 356?
- (A) Only Parliament
- (B) Only the President or the authority specified under clause (1)(a)
- (C) Parliament, or the President or other authority in whom such power to make laws is vested under clause (1)(a)
- (D) Only the State Governor with the President's approval
29.Can the President, under Article 357(1)(a), delegate the legislative power conferred on him by Parliament to another authority, and if so under what condition?
- (A) No, the President cannot delegate that power to anyone
- (B) Yes, but only to State legislative bodies
- (C) Yes, to any authority specified by him, but only with prior approval of Parliament
- (D) Yes, to any authority specified by him, subject to such conditions as he may think fit to impose
30.What is the legal status of a law made by Parliament or the President under Article 357 that would not have been competent but for the proclamation under Article 356, after the proclamation has ceased to operate?
- (A) It lapses automatically the moment the proclamation ceases
- (B) It continues in force only until the next session of Parliament
- (C) It continues in force until altered, repealed or amended by a competent Legislature or other authority
- (D) It continues only if Parliament expressly reenacts it after the proclamation
31.Which Article's restrictions are suspended under Article 358 while a Proclamation of Emergency for war or external aggression is in operation?
- (A) Article 19 (freedoms under Part III)
- (B) Article 21 (protection of life and personal liberty)
- (C) Article 352 (Proclamation of National Emergency)
- (D) Article 356 (President's rule in States)
32.Article 358 comes into operation while which of the following Proclamations is in effect?
- (A) A Proclamation of Emergency for internal disturbances
- (B) A Proclamation that the security of India or any part of the territory thereof is threatened by war or by external aggression
- (C) A Proclamation that there is a breakdown of constitutional machinery in a State
- (D) Any Proclamation issued by a State government
33.If a Proclamation of Emergency is in operation only in part of the territory of India, under Article 358 can laws or executive action be taken in parts where the Proclamation is not in operation?
- (A) No — laws may only be made in areas where the Proclamation is in operation
- (B) Only with the consent of the State government of the unaffected area
- (C) Yes — laws may be made in unaffected areas if and in so far as the security of India is threatened by activities in or in relation to the affected part
- (D) Yes — laws may be made anywhere without any limitation
34.Which of the following does clause (2) of Article 358 exclude from the operation of clause (1)?
- (A) Only laws which do not contain a recital relating the law to the Proclamation
- (B) Only executive actions taken otherwise than under a law containing such a recital
- (C) Laws and executive actions but only during the currency of the Proclamation
- (D) Both laws without such a recital and executive actions taken otherwise than under a law containing such a recital
35.What is the legal effect of a law made under Article 358 once the Proclamation of Emergency ceases to operate?
- (A) The law continues to have full effect even after the Proclamation ceases
- (B) The law ceases to have effect as soon as the Proclamation ceases, except as respects things done or omitted to be done before the law so ceases to have effect
- (C) The law ceases to have effect only prospectively and cannot affect any past acts
- (D) The law continues until affirmed by Parliament or the Supreme Court
36.Under Article 359(1), who may by order declare that the right to move any court for enforcement of certain Part III rights shall remain suspended during a Proclamation of Emergency?
- (A) The Prime Minister
- (B) The President
- (C) Parliament
- (D) The Chief Justice of India
37.Which fundamental rights are expressly excluded from suspension under Article 359(1)?
- (A) Articles 20 and 21
- (B) Articles 14 and 19
- (C) Articles 32 and 226
- (D) Articles 21 and 22
38.What happens to proceedings pending in any court for enforcement of rights mentioned in an Article 359(1) order while the Proclamation of Emergency is in force?
- (A) They continue subject to review by a special tribunal
- (B) They are transferred to the Supreme Court automatically
- (C) They shall remain suspended for the period during which the Proclamation is in force or for a shorter period specified in the order
- (D) They are to be decided summarily by the executive
39.If a Proclamation of Emergency is in operation only in part of India, when may an Article 359(1) order extend to other parts of the territory?
- (A) It may extend to other parts automatically once the Proclamation is issued
- (B) It may never extend beyond the part where the Proclamation is in operation
- (C) Only if the President is satisfied that the security of India or any part thereof is threatened by activities in or in relation to the part where the Proclamation is in operation
- (D) Only with the prior approval of Parliament
40.Which statement about laws or executive actions taken while an Article 359(1) order mentioning rights is in operation is CORRECT?
- (A) Any law made during the order remains fully valid after the order ceases, regardless of formality
- (B) Clause (1A) does not apply to a law unless that law contains a recital that it is in relation to the Proclamation of Emergency when made
- (C) Executive actions taken otherwise than under a law with a recital are covered by clause (1A)
- (D) Laws made under clause (1A) are immune from ceasing to have effect when the order ceases
41.Under Article 360(1), the President may proclaim a Financial Emergency if satisfied that:
- (A) The security of India is threatened by war or external aggression
- (B) The financial stability or credit of India or of any part of its territory is threatened
- (C) A State government cannot be carried on in accordance with the Constitution
- (D) The Consolidated Fund of India shows a deficit for two consecutive years
42.A Proclamation of Financial Emergency under Article 360 ceases to operate at the expiration of what period, unless approved by resolutions of both Houses of Parliament?
- (A) One month
- (B) Six months
- (C) Two months
- (D) Fourteen days
43.While a Proclamation of Financial Emergency is in operation, Article 360(3) extends the executive authority of the Union to:
- (A) Giving directions to any State to observe such canons of financial propriety as may be specified in the directions
- (B) Assuming all functions of the State governments
- (C) Dissolving the Legislative Assemblies of the States
- (D) Suspending the distribution of taxes between the Union and the States
44.Under Article 360(4)(a), a direction issued to a State during a Financial Emergency may require that:
- (A) State taxes be collected directly by the Union
- (B) All State Bills be first introduced in Parliament
- (C) The State Legislature be placed under suspended animation
- (D) All Money Bills or other Bills to which Article 207 applies be reserved for the consideration of the President after being passed by the State Legislature
45.Which statement about the reduction of salaries during a Financial Emergency is correct as per Article 360(4)(b)?
- (A) Salaries of Judges of the Supreme Court and High Courts can never be reduced, being constitutionally protected
- (B) It shall be competent for the President 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, including Judges of the Supreme Court and the High Courts
- (C) Only salaries of State government employees may be reduced, not those of Union employees
- (D) Salary reductions require a ratifying resolution of half the State Legislatures
Answer key
Explanations
- 1. (A) Clause (1) states that 'If the President is satisfied that a grave emergency exists ... he may, by Proclamation, make a declaration to that effect.' Thus the power to issue the Proclamation is vested in the President.
- 2. (B) Clause (3) provides that the President shall not issue a Proclamation under clause (1) or vary such a Proclamation unless the decision of the Union Cabinet that such a Proclamation may be issued has been communicated to him in writing.
- 3. (C) The Explanation to clause (1) explicitly allows a Proclamation to be made before the actual occurrence if the President is satisfied that there is imminent danger of war, external aggression or armed rebellion.
- 4. (C) The proviso to clause (4) states that where the House of the People has been dissolved and the Council of States has passed approval but the House of the People has not, the Proclamation shall cease at the expiration of thirty days from the date on which the House of the People first sits after reconstitution unless the House of the People also passes a resolution approving it.
- 5. (B) Clause (7) provides that notwithstanding anything in the foregoing clauses, the President shall revoke a Proclamation if the House of the People passes a resolution disapproving, or disapproving the continuance of, such Proclamation. Thus the Lok Sabha alone can compel revocation.
- 6. (A) Clause (a) explicitly states that the executive power of the Union shall extend to giving directions to any State as to the manner in which the executive power thereof is to be exercised. The provision does not speak of suspending assemblies, assuming judicial functions, or dissolving State governments.
- 7. (C) Clause (b) provides that Parliament's power to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties upon the Union or its officers, notwithstanding that the matter is not enumerated in the Union List. The clause does not limit Parliament to Union List matters nor permit suspension of the Constitution in whole.
- 8. (B) The proviso states that where the Proclamation of Emergency is in operation only in part of India, the Union's power to give directions under clause (a) shall also extend to other States if and in so far as the security of India or any part of its territory is threatened by activities in or in relation to the part where the Emergency is in operation. The text makes this conditional on the security threat, not on presidential whim, State request, or parliamentary resolution.
- 9. (D) Clause (b) expressly extends Parliament's power to make laws with respect to any matter, including making laws that confer powers and impose duties on the Union or its officers, notwithstanding that the matter is not enumerated in the Union List. The clause does not restrict Parliament to the Union List or to declaring emergencies.
- 10. (B) The language "if and in so far as" makes the extension conditional and limited: the Union's directions and Parliament's power extend to other States only insofar as the security of India is threatened by activities in or relating to the affected part. The proviso does not make the extension automatic, nor does it require separate proclamations or limit it to financial matters.
- 11. (A) Article 354(1) expressly states 'The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279...' Thus the power is vested in the President.
- 12. (C) Article 354(1) limits the period: the order shall have effect 'for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order.'
- 13. (B) Article 354(2) requires that 'Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.' The text uses the phrase 'as soon as may be after it is made.'
- 14. (D) Article 354(1) authorises the President 'by order' to direct that provisions of Articles 268–279 shall have effect 'subject to such exceptions or modifications as he thinks fit,' so the President can make modifications by order.
- 15. (A) Article 354(1) explicitly limits the period: the order's effect shall not extend 'in any case beyond the expiration of the financial year in which such Proclamation ceases to operate.' Therefore extension beyond that financial year is not permitted.
- 16. (A) Article 355 states that "It shall be the duty of the Union to protect every State against external aggression and internal disturbance." The provision expressly names both "external aggression" and "internal disturbance" as the matters to be guarded against.
- 17. (B) Article 355 begins: "It shall be the duty of the Union..." which directly places the responsibility on the Union. The text does not assign this duty to State governments, the President or the Supreme Court.
- 18. (C) Article 355 specifically says "to protect every State..." and "to ensure that the Government of every State..." The provision's language is expressly about "every State," not Union Territories.
- 19. (D) Article 355 contains two linked duties: "to protect every State against external aggression and internal disturbance" and "to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution." Thus both duties are placed on the Union.
- 20. (A) Article 355 sets out two clauses: a duty "to protect every State against external aggression and internal disturbance" and also "to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution." The wording presents the latter as a distinct duty, not explicitly conditioned on aggression or disturbance.
- 21. (D) Article 356(1) uses the words: on receipt of a report from the Governor of a State or otherwise. Thus a Governor's report is not the exclusive basis; the President may be satisfied from other material as well.
- 22. (A) Article 356(3) provides that every such Proclamation (except one revoking a previous Proclamation) shall cease to operate at the expiration of two months unless approved before then by resolutions of both Houses of Parliament. A special thirty-day rule applies if the House of the People is dissolved during that period.
- 23. (C) The proviso to Article 356(1) states that nothing in the clause shall authorise the President to assume any of the powers vested in or exercisable by a High Court, or to suspend the operation of any constitutional provision relating to High Courts. The Governor's powers, by contrast, may expressly be assumed under sub-clause (a).
- 24. (B) Under Article 356(4), an approved Proclamation ceases to operate six months from the date of issue of the Proclamation, unless its continuance is approved again by both Houses for further six-month periods. Subject to the special Punjab proviso, no such Proclamation can remain in force for more than three years in any case.
- 25. (A) Article 356(5) imposes two cumulative conditions for extension beyond one year: (a) a Proclamation of Emergency must be in operation in the whole of India or the whole or any part of the State, and (b) the Election Commission must certify that continuance is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State. The clause itself excepted the 1987 Punjab Proclamation.
- 26. (B) Article 357(1)(a) expressly allows Parliament to confer on the President the power of the State Legislature to make laws and to authorise the President to delegate that power to any other authority specified by him, subject to such conditions as he may impose. The provision therefore permits delegation by the President under conditions; it does not provide for permanent transfer to a State authority or limit delegation to the Governor.
- 27. (A) Article 357(1)(c) authorises the President, when the House of the People is not in session, to authorise expenditure from the Consolidated Fund of the State pending sanction of such expenditure by Parliament. The text does not empower the President to promulgate ordinances, make laws without Parliament, or dissolve the Assembly under this clause.
- 28. (C) Article 357(1)(b) allows Parliament, or the President or other authority in whom the power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties on the Union or its officers and authorities. The provision therefore includes both Parliament and the authority vested under clause (1)(a).
- 29. (D) Article 357(1)(a) explicitly permits Parliament to authorise the President to delegate the conferred legislative power to any other authority specified by him, and such delegation is subject to such conditions as the President may think fit to impose. The provision does not require prior parliamentary approval for such delegation.
- 30. (C) Article 357(2) states that any law made in exercise of the State's legislative power by Parliament or the President or other authority, which they would not have been competent to make but for the proclamation, shall continue in force after the proclamation has ceased to operate until altered, repealed or amended by a competent Legislature or other authority. It does not lapse automatically or require reenactment.
- 31. (A) Clause (1) states that "nothing in article 19 shall restrict the power of the State..." while such a Proclamation of Emergency is in operation, so Article 19 is the Article whose restrictions are suspended. (See Article 358(1)).
- 32. (B) Clause (1) begins: "While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation...", so Article 358 applies in that specific situation. (See Article 358(1)).
- 33. (C) The proviso to clause (1) permits such laws or executive action in areas where the Proclamation is not in operation "if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part...in which the Proclamation...is in operation." (See Article 358(1) proviso).
- 34. (D) Clause (2) expressly states that nothing in clause (1) shall apply (a) to any law which does not contain a recital to that effect; or (b) to any executive action taken otherwise than under a law containing such a recital — i.e., both categories are excluded. (See Article 358(2)(a) & (b)).
- 35. (B) Clause (1) provides that any law made under the circumstances "shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect." (See Article 358(1)).
- 36. (B) Article 359(1) states "the President may by order declare that the right to move any court... shall remain suspended". Thus the power to make such an order is vested in the President (Article 359(1)).
- 37. (A) Article 359(1) explicitly excepts "articles 20 and 21" from the rights that may be mentioned in the order. Therefore Articles 20 and 21 cannot be suspended under this provision (Article 359(1)).
- 38. (C) Article 359(1) provides that "all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order." Thus pending proceedings are suspended as stated (Article 359(1)).
- 39. (C) Article 359(2) proviso states that where a Proclamation is in operation only in part of India, an order under clause (1) "shall not extend to any other part... unless the President, being satisfied that the security of India or any part... is threatened by activities in or in relation to the part... considers such extension to be necessary." Thus extension requires the President's satisfaction about threat to security (Article 359(2) proviso).
- 40. (B) Article 359(1A) permits the State to make laws or take action otherwise restricted by Part III while an order is in operation, but Article 359(1B)(a) states that "nothing in clause (1A) shall apply... to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency when it is made." Thus clause (1A) requires such a recital for application (Articles 359(1A) and 359(1B)(a)).
- 41. (B) Article 360(1) permits a Proclamation when the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened. War or external aggression and failure of State machinery are grounds under other emergency articles, not Article 360.
- 42. (C) Article 360(2)(c) provides that the Proclamation shall cease to operate at the expiration of two months unless it has been approved by resolutions of both Houses before that period expires. A proviso extends time by thirty days after the House of the People reassembles if it stood dissolved during that period.
- 43. (A) Article 360(3) states that during the operation of the Proclamation, the executive authority of the Union extends to giving directions to any State to observe specified canons of financial propriety, and to such other directions as the President deems necessary and adequate. It does not authorise assumption of State functions or dissolution of Assemblies.
- 44. (D) Article 360(4)(a)(ii) expressly permits directions requiring all Money Bills or other Bills to which Article 207 applies to be reserved for the consideration of the President after they are passed by the State Legislature. Sub-clause (i) also allows directions to reduce salaries and allowances of persons serving in connection with the affairs of a State.
- 45. (B) Article 360(4)(b) opens with a non-obstante clause (notwithstanding anything in this Constitution) and makes it competent for the President, during the operation of the Proclamation, to direct reduction of salaries and allowances of persons serving in connection with the affairs of the Union, expressly including Judges of the Supreme Court and the High Courts. This overrides the ordinary protection of judicial salaries, which makes it a classic trap question.