Emergency Provisions – NDA Polity PYQs

NDA 2018-II

Q. 1. Article 352 of the Constitution of India contains provisions related to

(a)  financial emergency

(b)  failure of constitutional machinery in States

(c)  suspension of the enforcement of rights conferred in Part III of the Constitution

(d)  general emergency

Answer: (d) general emergency

Explanation: Article 352 of the Constitution provides for the proclamation of a National Emergency: also described as a ‘general emergency.’ Option (a): Financial Emergency: is Article 360. Financial Emergency has never been proclaimed in India. Option (b): Failure of constitutional machinery in States: is Article 356, which provides for President’s Rule. Option (c): Suspension of enforcement of rights in Part III: is Article 359. Article 359 allows the President, during a National Emergency, to suspend the enforcement of specified Fundamental Rights. Article 352 proclaims the emergency; Article 359 addresses the consequence for Fundamental Rights enforcement. They are related but distinct provisions. Concept Tested: Article 352:  National Emergency (general emergency); Article 356:  President’s Rule; Article 359:  suspension of FR enforcement; Article 360:  Financial Emergency

★ JOVIK Exam Insight: Article 352 and Article 359 are frequently confused. Article 352:  the emergency itself. Article 359:  the power to suspend enforcement of specified FRs as a consequence. The correct label for Article 352 in NDA questions is ‘general emergency’ or ‘National Emergency’: not financial, not constitutional machinery failure, and not FR suspension.

NDA 2015-II

Q. 2. An emergency under Article 352 of the Constitution of India can be declared only during:

(a)  War, external aggression or internal disturbance.

(b)  War, external aggression or armed rebellion.

(c)  Failure of Constitutional Machinery in the State.

(d)  Financial instability in the country.

Answer: (b) War, external aggression or armed rebellion.

Explanation: A National Emergency under Article 352 can be proclaimed when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion. Option (a): ‘internal disturbance ‘ was the original language in Article 352 before the 44th Constitutional Amendment Act, 1978. The 44th Amendment replaced ‘internal disturbance’ with ‘armed rebellion’: a narrower and more precise standard that requires an actual armed uprising, not merely civil unrest. Option (c) describes the ground for President’s Rule under Article 356: failure of constitutional machinery in a State. Option (d) describes the ground for a Financial Emergency under Article 360: a threat to India’s financial stability or credit. Concept Tested: Article 352: grounds: war, external aggression, or armed rebellion (not ‘internal disturbance’: replaced by 44th Amendment, 1978)

★ JOVIK Exam Insight: Option (a): ‘internal disturbance ‘ is the pre-1978 text that the 44th Amendment replaced. It is the single most important precision detail in this chapter. Three articles, three distinct emergencies: Article 352:  National/General Emergency (war, aggression, armed rebellion); Article 356:  President’s Rule (constitutional machinery failure); Article 360:  Financial Emergency (financial instability).

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