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The 44th Constitutional Amendment Act, 1978 restored many democratic safeguards diluted by the 42nd Amendment and introduced protections against misuse of Emergency powers.
- True
- False
Answer: True
44th Amendment (1978): Key reforms: (a) 'Armed rebellion' replaces 'internal disturbance' for Emergency, (b) Written Cabinet advice mandatory, (c) Articles 20-21 non-suspendable, (d) Lok Sabha can revoke Emergency by simple majority, (e) Restored judicial review powers, (f) Right to Property made legal right (Article 300A). Post-Emergency correction to strengthen democracy.
The 42nd Constitutional Amendment Act, 1976 is often called the 'Mini-Constitution' because it:
- Added the most number of new Articles
- Made comprehensive changes to Preamble, Fundamental Duties, Directive Principles, and judicial powers
- Replaced the entire Constitution
- Was passed during National Emergency without debate
Answer: Made comprehensive changes to Preamble, Fundamental Duties, Directive Principles, and judicial powers
42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble; inserted Fundamental Duties (Part IVA); expanded DPSP; curtailed judicial review; gave Parliament unlimited amending power (later struck down in Minerva Mills). Enacted during 1975-77 Emergency; many provisions diluted by 43rd/44th Amendments post-Emergency.
The 24th Constitutional Amendment Act, 1971 was enacted to overcome the Supreme Court's judgment in ______ case (1967), which held Parliament cannot amend Fundamental Rights.
- Golaknath
- Kesavananda Bharati
- Minerva Mills
- Indira Gandhi
Answer: Golaknath
Golaknath v. State of Punjab (1967): SC held Parliament cannot amend Fundamental Rights (Part III). 24th Amendment (1971) added clause to Article 13 clarifying 'law' does not include constitutional amendment under Article 368, and added clause to Article 368 affirming Parliament's amending power including FRs. Set stage for Kesavananda Bharati compromise.
The Supreme Court held in Minerva Mills case (1980) that judicial review is part of the basic structure and cannot be abrogated by constitutional amendment.
- True
- False
Answer: True
Minerva Mills Ltd. v. Union of India (1980): SC struck down parts of 42nd Amendment that sought to exclude judicial review of constitutional amendments. Held: judicial review is part of basic structure; Parliament cannot destroy it. Also held balance between Fundamental Rights (Part III) and Directive Principles (Part IV) is basic structure. Reinforced Kesavananda doctrine.
The 'Basic Structure Doctrine' limiting Parliament's amending power was propounded by the Supreme Court in which landmark case?
- Golaknath case (1967)
- Kesavananda Bharati case (1973)
- Minerva Mills case (1980)
- Waman Rao case (1981)
Answer: Kesavananda Bharati case (1973)
Kesavananda Bharati v. State of Kerala (1973): 13-judge bench held Parliament can amend any part of Constitution but cannot alter its 'basic structure'. Basic features include: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity. Landmark judgment balancing parliamentary sovereignty with constitutional supremacy.
Amendments affecting federal provisions like election of President, extent of executive power, Supreme Court/High Courts, distribution of legislative powers, representation of States in Parliament, or Article 368 itself require ratification by legislatures of not less than ______ of States.
- one-third
- one-half
- two-thirds
- three-fourths
Answer: one-half
Article 368(2) proviso: Amendments affecting federal structure require ratification by legislatures of not less than half of States (by simple majority). Protects States' interests by ensuring Union cannot unilaterally alter federal balance. Examples: 7th Amendment (State reorganisation), 73rd/74th Amendments (local government).
The President can withhold assent to a Constitutional Amendment Bill passed by Parliament.
- True
- False
Answer: False
Article 368(2): President 'shall give his assent' to Constitutional Amendment Bill duly passed by Parliament (and ratified by States if required). No discretionary power to withhold assent or return for reconsideration. Ensures that once Parliament (and States) approve amendment per procedure, it becomes law without executive veto.
Under Article 368, most Constitutional Amendments require special majority in Parliament. What does 'special majority' mean?
- Simple majority of members present and voting
- Majority of total membership and 2/3 of members present and voting
- Unanimous approval of both Houses
- Approval by half of State Legislatures only
Answer: Majority of total membership and 2/3 of members present and voting
Article 368(2): Special majority = (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. This ensures broad consensus for constitutional changes. Some amendments additionally require ratification by half of State Legislatures (federal provisions).
Which statement best describes the constitutional philosophy behind Emergency provisions in India?
- Enable permanent centralization of power during crises
- Balance national unity and security with federal autonomy and rights protection
- Allow executive to bypass Parliament in all matters
- Transfer all State powers to Union indefinitely
Answer: Balance national unity and security with federal autonomy and rights protection
Emergency provisions reflect constitutional balance: (a) Enable strong Union response to existential threats (war, financial collapse, State breakdown), (b) But include safeguards: written Cabinet advice, Parliamentary approval, judicial review (SR Bommai), non-suspendable rights (Articles 20-21), time limits. Designed for temporary crisis management, not permanent authoritarianism. 44th Amendment strengthened this balance post-1975 experience.
The President can revoke any type of Emergency proclamation at any time by a subsequent proclamation, without requiring ______ approval.
- Parliamentary
- Cabinet
- Judicial
- State Legislature
Answer: Parliamentary
Articles 352(2)(b), 356(1)(c), 360(2)(b): President can revoke Emergency proclamation anytime by subsequent proclamation. No Parliamentary approval needed for revocation (only for imposition/extension). Enables executive to restore normalcy promptly when crisis abates, without legislative delay.
A Proclamation of Financial Emergency under Article 360 must be approved by both Houses of Parliament within 2 months by special majority.
- True
- False
Answer: False
Article 360(2)(a): Financial Emergency proclamation must be approved by both Houses within 2 months, but by simple majority (not special majority like National Emergency). If approved, remains in force indefinitely unless revoked. Simpler approval reflects that Financial Emergency is economic measure, not political crisis requiring supermajority consensus.
Laws made by Parliament on State List subjects during National Emergency under Article 250 cease to operate ______ after the Emergency ceases.
- immediately
- after 3 months
- after 6 months
- after 1 year
Answer: after 6 months
Article 250(2): Laws made by Parliament on State List during Emergency cease to have effect 6 months after Emergency ends, except for things done/omitted before expiry. Allows transitional period for States to resume legislative competence while preventing permanent Union encroachment on State powers post-Emergency.
The report of the Governor under Article 356 for imposition of President's Rule is not binding on the ______, who makes the final satisfaction.
- Prime Minister
- President
- Chief Justice
- Parliament
Answer: President
Article 356(1): President may act on Governor's report 'or otherwise'. Governor's report is important but not binding; President forms independent satisfaction based on all available material. However, SR Bommai case mandated that satisfaction must be based on objective material, not subjective opinion, and is subject to judicial review.
Article 358 automatically suspends Article 19 freedoms during National Emergency on grounds of war or external aggression, but not during armed rebellion.
- True
- False
Answer: True
Article 358: Article 19 freedoms (speech, assembly, etc.) automatically suspended only when Emergency is proclaimed on grounds of war/external aggression (not armed rebellion). Suspension lasts for Emergency duration; laws made during suspension remain valid even after revival of Article 19. Article 359 requires Presidential order to suspend other FRs enforcement.
Which Fundamental Right cannot be suspended even during National Emergency?
- Article 14 (Equality)
- Article 19 (Freedoms)
- Article 21 (Life and Personal Liberty)
- Article 32 (Constitutional Remedies)
Answer: Article 21 (Life and Personal Liberty)
Article 359(1A), inserted by 44th Amendment: Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction) and 21 (life & personal liberty). These core rights remain enforceable even during Emergency. Article 19 freedoms are automatically suspended during Emergency on war/external aggression grounds (Article 358).
President's Rule under Article 356 can remain in force for a maximum period of ______ years, subject to Parliamentary approval every 6 months and Election Commission certification after one year.
- 2
- 3
- 4
- 5
Answer: 3
Article 356(5), inserted by 44th Amendment: Maximum duration of President's Rule is 3 years. Extensions beyond 1 year require: (a) National Emergency in India or that State, AND (b) Election Commission certification that elections cannot be held. Prevents indefinite suspension of State democracy; ensures return to normalcy.
If Lok Sabha is dissolved during National Emergency, the Proclamation ceases to operate automatically.
- True
- False
Answer: False
Article 352(6): If Lok Sabha is dissolved during Emergency, and Rajya Sabha approves proclamation, it remains valid. But new Lok Sabha must approve it within 30 days of its first sitting; otherwise, Emergency lapses. Ensures fresh mandate from elected representatives while preventing vacuum during transitional period.
Which of the following was NOT a safeguard introduced by the 44th Amendment Act, 1978 regarding Emergency provisions?
- Replacement of 'internal disturbance' with 'armed rebellion'
- Written Cabinet advice mandatory for proclamation
- Articles 20 and 21 made non-suspendable
- President's Rule can be imposed without Governor's report
Answer: President's Rule can be imposed without Governor's report
44th Amendment safeguards: (a) 'Armed rebellion' replaces 'internal disturbance' (Article 352), (b) Written Cabinet advice mandatory (Articles 352, 356, 360), (c) Articles 20 & 21 non-suspendable (Article 359), (d) Lok Sabha can revoke Emergency by simple majority. Option (d) is incorrect: President's Rule still requires objective material; SR Bommai case added judicial review, not 44th Amendment.
National Emergency under Article 352 has been proclaimed ______ times in India's history: 1962 (China war), 1971 (Indo-Pak war), and 1975 (internal disturbance).
- two
- three
- four
- five
Answer: three
National Emergency proclaimed thrice: (1) Oct 1962 - China aggression (lifted Jan 1968), (2) Dec 1971 - Indo-Pak war (lifted Mar 1977), (3) Jun 1975 - 'internal disturbance' (lifted Mar 1977). 1975 Emergency was controversial; led to 44th Amendment safeguards. State Emergency (Article 356) used over 120 times; Financial Emergency never used.
During Financial Emergency, the President can issue directions to States to reduce salaries of all government officials, including Judges of High Courts.
- True
- False
Answer: True
Article 360(3)-(4): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including High Court Judges, (c) reserve Money Bills for Presidential consideration. Note: Supreme Court Judges' salaries can also be reduced (Article 360(4)(b)), but their independence is protected by other safeguards.