Indian Polity Mixed Quiz: Set 29

The correct answer is Three times. A National Emergency under Article 352 has been proclaimed three times: in October 1962, when China attacked India; in December 1971, during the war with Pakistan that led to the creation of Bangladesh; and in June 1975, on the ground of "internal disturbance", during Indira Gandhi's government. The first two were external emergencies; the third was the only internal emergency India has had.

The 1975 proclamation came while the 1971 emergency was still in force, so for about two years two emergencies ran side by side; both were revoked in March 1977. That overlap is why "two times" sometimes tempts candidates who think of periods rather than proclamations. "Four times" and "only once" have no basis. Note that the count refers only to National Emergencies: President's Rule under Article 356 has been imposed on States many times, and a Financial Emergency under Article 360 has never been declared.

The correct answer is C, Police. The Seventh Schedule of the Constitution divides subjects into three lists, and public order and police are the first two entries of the State List, so each state makes its own laws on them and runs its own force. That is why policing is called a state subject, and why central armed police forces go into a state mainly at its request or in a Union Territory. A is wrong because banking is in the Union List, which is why the Reserve Bank and the regulation of banks rest with the Centre. B is wrong because defence is the first entry of the Union List. D is wrong because forests, which were once a State List subject, were moved to the Concurrent List by the 42nd Amendment of 1976, along with education, weights and measures, and the protection of wild animals and birds. Exam tip: police and public order are State List subjects; forests and education moved to the Concurrent List in 1976.

The correct answer is C, the 91st Amendment, 2003. It inserted Article 164(1A), under which the total number of Ministers in a State, including the Chief Minister, shall not exceed fifteen per cent of the total number of members of the Legislative Assembly, subject to a floor of twelve Ministers. The same amendment placed a similar cap on the Union Council of Ministers through Article 75(1A) and tightened the anti-defection law. Option A, the 42nd Amendment of 1976, made the ministerial advice binding on the President and added words to the Preamble, but set no such ceiling. Option B, the 73rd Amendment of 1992, gave constitutional status to Panchayati Raj institutions. Option D, the 97th Amendment of 2011, dealt with cooperative societies. The purpose of the fifteen per cent rule was to stop oversized ministries built to keep legislators loyal.

The correct answer is B, Tenth Schedule. The anti-defection law sits in the Tenth Schedule, which sets out when a member of Parliament or of a State legislature loses the seat for defecting. It was inserted by the 52nd Constitutional Amendment Act of 1985, after a decade in which governments were toppled by floor crossing. A member is disqualified for voluntarily giving up the membership of the party on whose ticket the seat was won, or for voting against the party whip. The Speaker or the Chairman of the House decides such a case, and courts can review that decision. The 91st Amendment of 2003 removed the old one third split defence, so only a merger supported by two thirds of a party’s legislators is now protected. A is wrong because the Second Schedule fixes the salaries and allowances of the President, Governors, Speakers and judges. C is wrong because the Third Schedule carries the forms of oath and affirmation. D is wrong because the Fourth Schedule allots Rajya Sabha seats to states and union territories. Exam tip: Tenth Schedule, anti-defection, 52nd Amendment of 1985.

The correct answer is 1975. On the night of 25 June 1975, President Fakhruddin Ali Ahmed proclaimed a National Emergency on the ground of "internal disturbance", on the advice of Prime Minister Indira Gandhi. It came days after the Allahabad High Court set aside her election to the Lok Sabha. During the 21 months that followed, civil liberties were suspended, opposition leaders were detained and the press was censored, until the Emergency was lifted in March 1977 and the Janata Party won the general election.

The other years are linked to different events: 1984 saw Operation Blue Star and Indira Gandhi's assassination; 1973 is the year of the Kesavananda Bharati judgment; and 1978 is the year of the 44th Amendment, which replaced "internal disturbance" with "armed rebellion" so that an emergency like 1975's could not be declared on such a vague ground again. The Government of India now marks 25 June as "Samvidhan Hatya Diwas" to remember the Emergency.

The correct answer is D, Puducherry. Puducherry is a Union Territory with a legislature of its own, which is why it is said to have partial statehood. Article 239A, added in 1962, allowed Parliament to create a legislature and a council of ministers for such a territory, and the Government of Union Territories Act, 1963 gave Puducherry an Assembly and a Chief Minister, while an administrator styled Lieutenant Governor still represents the President. Delhi has a similar arrangement under Article 239AA, and Jammu and Kashmir became a Union Territory with a legislature in 2019. A is wrong because Chandigarh is administered directly, with the Governor of Punjab acting as its administrator. B and C are wrong because Dadra and Nagar Haveli and Daman and Diu, merged into a single Union Territory in 2020, have no legislature and are run by an administrator. Exam tip: the Union Territories with legislatures are Delhi, Puducherry and Jammu and Kashmir.

The correct answer is B, Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. The proviso to Article 164(1) requires these States to have a Minister in charge of tribal welfare, who may also be in charge of the welfare of the Scheduled Castes and backward classes or any other work. The list originally named Bihar, Madhya Pradesh and Odisha; when Jharkhand and Chhattisgarh were created in 2000 the proviso was amended, and Bihar was later dropped from it. Option A names States whose tribal areas are administered under the Sixth Schedule, where the Governor has special responsibilities, but that is a different provision. Option C names States covered by special provisions in Part XXI, such as Article 371A for Nagaland. Option D has no such requirement in the Constitution. Examiners often pair this proviso with Article 164(1A) and with Article 164(4), under which a Minister who is not a member of the legislature for six consecutive months ceases to be a Minister.

The correct answer is B, Article 161. Article 161 lets the Governor grant pardons, reprieves, respites and remissions of punishment, and suspend, remit or commute the sentence of any person convicted of an offence against a law on a matter to which the executive power of the state extends. His power is narrower than the President's under Article 72 in two ways: the Governor cannot pardon a death sentence and has no say in a sentence passed by a court martial, while the President can act in both cases. Like the President, the Governor exercises this power on the advice of the state Council of Ministers. Option A is wrong because Article 163 provides for the Council of Ministers to aid and advise the Governor. Option C is wrong because Article 55 lays down the manner of election of the President. Option D is wrong because Article 145 lets the Supreme Court frame rules of procedure. Exam tip: Article 72 for the President's pardon and Article 161 for the Governor's; only the President can pardon a death sentence or a court-martial sentence.

The correct answer is Dismiss State government; needs approval within two months. Under Article 356, if the President is satisfied, on the Governor's report or otherwise, that the government of a State cannot be carried on in accordance with the Constitution, he or she can take over the functions of the State government, which in practice means dismissing the State's Council of Ministers and suspending or dissolving its Assembly. The proclamation must be approved by both Houses of Parliament within two months, by a simple majority, and then lasts six months at a time, up to three years.

The other options mix in other provisions. The President can dissolve the Lok Sabha under Article 85, but never Parliament as a whole, and not under Article 356. A Financial Emergency is Article 360, and it needs the approval of both Houses, not only the Rajya Sabha. Suspending Fundamental Rights is dealt with by Articles 358 and 359, and needs no Supreme Court approval. Since the S.R. Bommai case (1994), a proclamation under Article 356 can be reviewed by the courts.

The correct answer is A, 297. The Constitution (Fortieth Amendment) Act, 1976 rewrote Article 297 so that all lands, minerals and other things of value lying in the territorial waters, the continental shelf and the exclusive economic zone of India vest in the Union and are held for the purposes of the Union. The same amendment empowered Parliament to fix the limits of these maritime zones from time to time, and it also added a large number of state land-ceiling laws to the Ninth Schedule to protect them from court challenge. B is wrong because Article 248 deals with the residuary powers of legislation, which rest with Parliament. C is wrong because Article 245 sets out the extent of the laws made by Parliament and by State legislatures. D is wrong because Article 226 gives every High Court the power to issue writs. Exam tip: Article 297 – things of value in the territorial waters and the exclusive economic zone vest in the Union; widened by the 40th Amendment, 1976.

The correct answer is C, Article 213. It allows the Governor to promulgate an Ordinance when the State legislature, or either House where there are two, is not in session and he is satisfied that circumstances exist which make immediate action necessary. Such an Ordinance has the same force as an Act of the legislature but must be laid before the House when it reassembles, and it ceases to operate six weeks from that date unless approved earlier. Option A, Article 123, is the matching power of the President at the Union level, and swapping the two numbers is the commonest error in this question. Option B, Article 200, is about assent to Bills, where the Governor may assent, withhold assent, return a Bill that is not a Money Bill, or reserve it for the President. Option D, Article 356, deals with President’s Rule, which follows a report from the Governor.

The correct answer is A, Union Government and State Governments. The Seventh Schedule of the Constitution divides subjects into three lists. The Union List holds subjects only Parliament can legislate on, such as defence, foreign affairs, currency and railways. The State List holds subjects for the state legislatures, such as police, public health and agriculture. The Concurrent List holds subjects on which both Parliament and the state legislatures may make laws, among them education, forests, marriage and divorce, criminal law and the protection of wild animals and birds. If a central law and a state law on a concurrent subject clash, Article 254 says the central law prevails. B and D are wrong because local bodies such as panchayats and municipalities get their powers from the state legislature, not from the Concurrent List. C is wrong because Parliament legislates for Union Territories. Exam tip: Seventh Schedule, three lists, Concurrent means both Centre and states, Centre wins a clash.

The correct answer is Up to three years. Once approved by Parliament, President's Rule lasts six months and can be extended by fresh approval for six months at a time, but never beyond three years in all. There is an additional hurdle after the first year: under the 44th Amendment (1978), it can be continued beyond one year only if a National Emergency is in force in the whole of India or in that State, and the Election Commission certifies that elections to the State Assembly cannot be held because of difficulties.

The other options are common confusions. One year is the point after which those extra conditions apply, not the maximum. Two years and four years have no basis in the text. Contrast this with the other two emergencies: a National Emergency can be extended indefinitely, six months at a time, and a Financial Emergency, once approved, continues until it is revoked, with no maximum at all. So President's Rule is the only emergency with a fixed ceiling, three years.

The correct answer is C, Janata Party. The Janata Party government led by Morarji Desai set up the Second Backward Classes Commission in 1978.

It is better known as the Mandal Commission, after its chairman B. P. Mandal, and it was appointed under Article 340, which lets the President name a commission to study the condition of socially and educationally backward classes. The commission reported in 1980 and recommended 27 per cent reservation for Other Backward Classes in central government jobs. V. P. Singh's government announced its implementation in 1990, and the Supreme Court upheld it in the Indra Sawhney case of 1992.

Option A is wrong because the Congress set up the first such commission, under Kaka Kalelkar, in 1953. Option B is wrong as the BJP was founded only in 1980. Option D names a regional party that never formed a union government.

Exam tip: first commission - Kaka Kalelkar, 1953; second - B. P. Mandal, 1978.

The correct answer is C, Article 165. The Governor appoints as Advocate General a person qualified to be appointed a judge of a High Court; the Advocate General advises the State Government on legal matters, holds office during the pleasure of the Governor, and receives such remuneration as the Governor determines. Article 177 gives him the right to speak in and take part in the proceedings of either House of the State legislature, though he cannot vote. Option A, Article 76, is the corresponding provision for the Attorney General of India, who is appointed by the President and must be qualified to be a judge of the Supreme Court. Option B, Article 163, provides for the Council of Ministers to aid and advise the Governor except where he acts in his discretion. Option D, Article 167, lists the duties of the Chief Minister to furnish information to the Governor about administration and legislative proposals.

The correct answer is B, Article 239. Article 239 says every Union Territory is administered by the President, acting through an administrator appointed by him with such designation as he thinks fit. That is why some Union Territories, such as Delhi, Ladakh and the Andaman and Nicobar Islands, have a Lieutenant Governor, while others have an Administrator. Article 239 opens Part VIII of the Constitution, which deals with Union Territories. Articles 239A and 239AA, added later, give legislatures to Puducherry and Delhi. Option A is wrong because Article 235 gives the High Court control over subordinate courts. Option C is wrong because Article 233 deals with the appointment of district judges by the Governor in consultation with the High Court. Option D is wrong because Article 234 deals with recruiting persons other than district judges to the judicial service of a state. Exam tip: Part VIII covers Union Territories in Articles 239 to 241, and Article 239AA is the special article for Delhi.

The correct answer is 1983. The Government of India set up the Sarkaria Commission in June 1983, under Justice R.S. Sarkaria, a retired judge of the Supreme Court, to review the working of Centre-State relations. It submitted its report in 1988 with 247 recommendations. On emergencies, it said that Article 356 should be used very sparingly, only as a last resort, after warning the State and exploring every alternative, and that a State Assembly should not be dissolved before Parliament has considered the proclamation.

The other years are near misses meant to test exact recall. Its best-known recommendations were later reinforced by the Supreme Court in the S.R. Bommai case (1994). Other bodies on the same subject are also asked: the Rajamannar Committee (1969), set up by the Tamil Nadu government, and the Punchhi Commission (2007), a later national commission on Centre-State relations. For this topic, pair the Sarkaria Commission with 1983 and with the idea that President's Rule should be the last resort, not the first.

The correct answer is Article 360. It allows the President to proclaim a Financial Emergency if satisfied that the financial stability or credit of India, or of any part of its territory, is threatened. The proclamation must be approved by both Houses within two months by a simple majority, and once approved it continues until revoked, with no maximum period and no need for repeated approval.

The other options are related Articles, which is why they confuse. Article 356 provides for President's Rule when the constitutional machinery in a State fails. Article 365 lets the President treat a State's failure to follow the Union's directions as such a failure. Article 330 reserves seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and has nothing to do with emergencies. During a Financial Emergency the Centre can direct the States to observe financial propriety and the President can order salary cuts, even for judges of the Supreme Court and the High Courts.

The correct answer is Never. Article 360 has never been used. Even in 1991, when India faced a severe balance of payments crisis, had foreign exchange reserves for only a few weeks of imports and had to pledge gold to raise loans, the government chose economic reforms rather than a Financial Emergency. So none of the counts offered, "4 times", "5 times" or "once", can be right.

Keep the three emergencies apart when counting. A National Emergency under Article 352 has been declared three times: 1962, 1971 and 1975. President's Rule under Article 356 has been imposed on States many times, beginning with Punjab in 1951. A Financial Emergency under Article 360 has never been declared. This contrast is itself a favourite question, often phrased as "which emergency has never been proclaimed in India?" The answer is always the Financial Emergency.

The correct answer is President. Under Article 360(4), while a Financial Emergency is in operation, the President can issue directions for reducing the salaries and allowances of all or any class of persons serving the Union, including the judges of the Supreme Court and the High Courts. This is a striking exception, because in normal times a judge's salary cannot be varied to his or her disadvantage after appointment, a protection meant to keep the judiciary independent.

The Prime Minister leads the government that would advise such a step, but the power is given to the President. The Chief Justice has no power to cut judges' salaries; he or she heads the judiciary but does not control its pay. The Finance Commission, set up under Article 280, recommends how tax revenue is shared between the Centre and the States and has no role in an emergency. During a Financial Emergency the Centre can also require State money bills to be reserved for the President's consideration.