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Which type of emergency has never been proclaimed in India so far?
- National Emergency (Article 352)
- State Emergency/President's Rule (Article 356)
- Financial Emergency (Article 360)
- All have been proclaimed
Answer: Financial Emergency (Article 360)
Financial Emergency under Article 360 has never been proclaimed in India. National Emergency has been proclaimed three times (1962, 1971, 1975), and President's Rule under Article 356 has been imposed over 120 times in various States. The non-use of Article 360 reflects India's relatively stable financial management.
During a Financial Emergency under Article 360, the President can direct reduction of salaries of all government officials including Judges of the Supreme Court and High Courts.
- True
- False
Answer: True
Article 360 empowers the President to proclaim a Financial Emergency if satisfied that India's financial stability or credit is threatened. During such emergency, the President can issue directions for reduction of salaries of all government officials, including Supreme Court and High Court Judges. However, a Financial Emergency has never been proclaimed in India.
In case of a conflict between a law made by Parliament and a law made by a State Legislature on a subject in the Concurrent List, which law prevails?
- State law always prevails
- Central law always prevails
- The law which received Presidential assent first prevails
- The matter is decided by the Supreme Court
Answer: Central law always prevails
Under Article 254, if there is a repugnancy between a Central law and a State law on a Concurrent List subject, the Central law prevails. However, if the State law has been reserved for the President's consideration and has received his assent, then the State law prevails in that State (subject to Parliament's power to override later).
A National Emergency under Article 352 can be proclaimed only on the written advice of the Cabinet.
- True
- False
Answer: True
After the 44th Amendment Act, 1978, the President can proclaim a National Emergency under Article 352 only after receiving a written recommendation from the Cabinet (not just the Prime Minister). This was done to prevent misuse of emergency powers as seen during 1975.