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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
Correct Answer:
44<sup>th</sup> Amendment, 1978
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
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
Which of the following statements are not true about the process of Constitutional Amendment in India?
1. The Parliament can amend the Constitution with a special majority.
2. State Assemblies can propose amendment in the Constitution.
3. A Bill for Constitutional Amendment can be introduced only in the Lower House of the Parliament.
4. Deadlock between the two Houses of Parliament over a Bill for Constitutional Amendment can be removed by a joint session of the Parliament.
5. The President of India enjoys the veto power over Constitutional Amendment Bills passed by the Parliament.
Select the correct answer:
A
1, 3 and 4
B
2, 3, 4 and 5
C
1, 4 and 5
D
1, 2, 3 and 4
Assertion (A): The President of India can issue a proclamation of emergency under Article 352(1) on the advice of the Prime Minister.
Reason (R): Where a proclamation of emergency is in operation the President may suspend the operation of all the fundamental rights except Articles 20 and 21.
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 a correct explanation of A
C
A is true but R is false
D
A is false but R is true
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
Which of the following principles evolved from the judgement delivered in Bommai case in relation to Article 356?
1. The proclamation issued under Article 356 is subject to judicial review.
2. The State Assembly should not be dissolved immediately after issuing proclamation.
3. The assembly should be dissolved only after the Parliament has approved the proclamation.
4. The court may require the Union Government to disclose the material on the basis of which it was decided to invoke Article 356.
Select the correct answer:
A
2 and 3
B
1, 3 and 4
C
1, 2 and 3
D
1, 2, 3 and 4
Article 358 of the Constitution provides that when the proclamation of emergency is issued by the President under Article 352, the freedoms granted under Article 19 are
A
Not suspended
B
Automatically suspended and would continue to be so for the period of emergency
C
Applicable to some extent
D
Suspended through an executive order by the President
Which of the following observations on fundamental rights was made by the Supreme Court in K. S. Puttaswamy v. Union of India?
1. There is no overlap between rights enumerated under Article 19 and Article 21 of the Constitution of India.
2. The constitutional values embodied under every Article of Part III of the Constitution of India animates the interpretation of the other.
3. Only Article 21 contains residue of fundamental rights that are not expressly stipulated under Article 19 of the Constitution of India.
Choose the correct option from below:
A
2 and 3 are correct
B
Only 3 is correct
C
Only 2 is correct
D
1 and 2 are correct
Consider the following statements:
The doctrine of prospective overruling propounded by the Supreme Court in Golaknath Case held that the decision will have only prospective operation and was intended to save
1. Constitution (4
th
Amendment) Act
2. Constitution (24
th
Amendment) Act
3. Constitution (17
th
Amendment) Act
4. Constitution (42
nd
Amendment) Act
Which of the statements given above are correct?
A
1, 2 and 3
B
3 and 4
C
2, 3 and 4
D
1 and 2
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