Unique Academic Board Solutions for Chapter: Emergency Provisions (Part XVIII, Articles 352-360), Exercise 1: Self-Evaluation Test

With reference to martial law and national emergency, consider the following statements:

1. Under martial law, government and ordinary law courts are suspended but not during the national emergency.

2. Both martial law and national emergency have explicit and detailed provisions in the Constitution.

Which of the above statements is/are correct?

Consider the following statements regarding provisions under Article 352 and Article 356:

1. There is no maximum period prescribed for operation of National Emergency whereas President's rule can be operational for maximum three years.

2. President's Rule affects fundamental rights of the citizens whereas National Emergency does not.

3. Lok Sabha can pass a resolution for revocation of President's rule but not National emergency.

Which of the above statements is/are correct?

Consider the following statements with reference to National Emergency:

1. The centre can give executive directions to a state on certain matters.

2. The constitution becomes unitary rather than federal, in action.

3. Parliament can make permanent laws on subjects in the state list.

4. All the fundamental rights stay suspended.

Which of the above statements is/are incorrect?

Consider the following statements regarding the effect of national emergency on Fundamental Rights under Article 359:

1. The Fundamental Rights as such are not suspended, but only their enforcement is suspended.

2. Right to seek remedy may be suspended by the Presidential order for any of the Fundamental rights.

Which of the statements given above is/are correct?

Which Supreme Court case stated that Article 356(1) is not immune from judicial review?

Consider the following statements.

1. A Proclamation of Emergency can not be made by the President before the actual occurrence of war or external aggression.

2. The President can issue a proclamation of Emergency only when the decision of the Union Cabinet is conveyed to him in writing.

Which of the above is/are correct?

Consider the following statements.

1. The Proclamation of Emergency made by the President under Article 352 is beyond the scope of judicial review.

2. Every proclamation made under Article 352 should be laid before both the Houses of the parliament.

Which of the above is/are NOT correct?