45 exam-style questions on this part, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · Article 352
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✓ correct
- B.The Prime Minister
- C.The Union Cabinet
- D.Either House of Parliament
Why: 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.
Read Article 352 — Proclamation of Emergency →Q2 · easy · Article 352
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✓ correct
- C.A written approval of the Supreme Court
- D.A written notice signed by one-tenth of Lok Sabha members
Why: 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.
Read Article 352 — Proclamation of Emergency →Q3 · medium · Article 352
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✓ correct
- D.Yes — but only on the written request of the Chief of Defence Staff
Why: 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.
Read Article 352 — Proclamation of Emergency →Q4 · medium · Article 352
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✓ correct
- D.It is deemed approved automatically upon Rajya Sabha's approval and does not cease
Why: 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.
Read Article 352 — Proclamation of Emergency →Q5 · hard · Article 352
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✓ correct
- 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
Why: 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.
Read Article 352 — Proclamation of Emergency →40 more questions on Emergency Provisions
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