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Once the words "armed rebellion" in clause (1) of Article 352 was inserted in place of the words "internal disturbance" by which Amendment Act?
A
42<sup>nd</sup>
B
44<sup>th</sup>
C
32<sup>nd</sup>
D
34<sup>th</sup>
Correct Answer:
44<sup>th</sup>
Which of the following statement/statements is/are not correct?
1. The declaration of National Emergency on the ground of 'Armed Rebellion' was inserted by the Constitutional (42 Amendment) Act, 1976.
2. President shall not issue a proclamation under Clause (1) Article 352 unless the decision of the Union Cabinet (the Prime Minister and his Council of Ministers) is communicated to him in writing.
3. A resolution approving the proclamation of National Emergency must be passed by special majority.
4. A proclamation of Emergency once approved by the Parliament shall remain in force until the emergency ceases.
Select the correct answers:
A
Only 1
B
1 and 2 both
C
2, 3 and 4
D
1, 2, 3 and 4
Article 359A was inserted inter alia amending Article 352 in its application to the State of Punjab and for the purposes of invoking Article 352, the concept of "internal disturbance" was again introduced by
A
46<sup>th</sup> Constitutional Amendment Act
B
52<sup>nd</sup> Constitutional Amendment Act
C
59<sup>th</sup> Constitutional Amendment Act
D
61<sup>st</sup> Constitutional Amendment Act
Clause (4) of Article 13 of the Indian Constitution which was inserted by the 24
th
Amendment Act, 1971, states that a Constitution Amendment Act, passed according to Article 368 of the Indian Constitution is a law within the meaning of Article 13 and would, accordingly be void if it contravenes a fundamental right. This amendment was declared void in which of the following cases?
A
Golak Nath v. State of Punjab
B
Edward Mills Co. Ltd. v. State of Ajmer
C
Minerva Mills v. Union of India
D
Ghulam Sarwar v. Union of India
Part XIV-A entitled "Tribunals" was inserted by the Constitution (Forty Second) Amendment Act, 1976. Clause 2(d) of Article 323-A and Clause (3)(d) of Article 323-B excluded jurisdiction of all courts, except that of the Supreme Court under Article 136. In which case were these clauses struck down as being unconstitutional to the extent they barred the jurisdiction of the High Courts under Articles 226/227 and that of the Supreme Court under Article 32?
A
Maneka Gandhi v. Union of India, AIR 1978 SC 597
B
Minerva Mills v. Union of India, AIR 1980 SC 1789
C
S. R. Bommai v. Union of India, AIR 1994 SC 1918
D
L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
By which amendment the ground of "armed rebellion" for imposing national emergency was substituted for the ground "internal disturbance"?
A
The Constitution (Thirty-ninth Amendment) Act, 1975
B
The Constitution (Forty-second Amendment) Act, 1976
C
The Constitution (Forty-fourth Amendment) Act, 1978
D
The Constitution (Fiftieth Amendment) Act, 1984
The President of India has power to declare emergency under Article 352 on which of the following grounds?
1. War
2. Internal disturbance
3. External aggression
4. Armed rebellions
Select the correct answer:
A
1, 2 and 3
B
1, 3 and 4
C
1, 2 and 4
D
2, 3 and 4
Consider the following statement regarding the proclamation of national emergency under Article 352 of the Constitution of India:
1. A proclamation of emergency once approved by Parliament shall remain in force for a period of six month.
2. The satisfaction of the President under Article 352, is the satisfaction of the Union Council of Ministers.
3. While the proclamation is in the operation, the normal life of the Lok Sabha cannot be extended.
4. The freedom given by the Article 19 of the Constitution can be suspended.
Which of the statements given above as correct?
A
1 and 2 only
B
2 and 4 only
C
1, 2 and 4
D
1 and 3
Every amendment to the Constitution whether it be in form of amendment of any Article or amendment by insertion of an Act in the Ninth Schedule, has to be tested by reference to the doctrine of basic structure which includes reference to Article 21 read with Article 14, Article 15 stated in
A
State of Rajasthan v. Union of India
B
I. R. Coelho v. State of Tamil Nadu
C
Minerva Mills case
D
Kesavanda Bhali case
Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer:
Assertion (A): Proclamation of emergency can be issued by the President of India if there is an imminent danger of war or external aggression or internal disturbance and armed rebellion.
Reason (R): The President of India can suspend the enforcement of some fundamental rights during the period of emergency.
A
Both A and R are true and R is the correct explanation of A
B
Both A and R are true, but R is not the correct explanation of A
C
A is true, but R is false
D
A is false, but R is true
The clause (3) to article 352 of the Constitution requiring the President to issue a proclamation of emergency only after the decision of the Union Cabinet has been communicated to him in writing was inserted by which Constitutional amendment?
A
44<sup>th</sup> Amendment, 1978
B
73<sup>rd</sup> Amendment, 1992
C
70<sup>th</sup> Amendment, 1991
D
42<sup>nd</sup> Amendment, 1976