[Mission 2022] QUIZ – 2022: INSIGHTS STATIC QUIZ, 31 January 2022 – Polity

Solution: d)

A resolution of disapproval is different from a resolution approving the continuation of a proclamation in the following two respects:

• First one (disapproval) is required to be passed by the Lok Sabha only, while the second one needs to be passed by the both Houses of Parliament.
• The first one is to be adopted by a simple majority only, while the second one needs to be adopted by a special majority.

This is done to put greater safeguards as emergency in an extraordinary measure and must be resorted to only in exceptional circumstances.

Solution: d)

If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting.

During a National Emergency (not financial emergency) the Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation.

Solution: a)

The national emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.

• The 44^th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from the judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978.

Further, in the Minerva Mills case, (1980), the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.

Solution: a)

During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution.

An emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as ‘National Emergency’. However, the Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type. The word National Emergency is not mentioned in constitution.

Solution: c)

Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.

It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state.

During President’s rule, the state legislative assembly would be either suspended or dissolved by the President.